" r Jury -... ESTATE OF LULA MAE WHITE, by and through its Administratrix, TONYAMEECE CO:MMONWEALTH OF KENTUCKY 28th JUDICIAL CIRCUIT PULASKI CIRCUIT COURT DMSION.1 CML ACTION NO. 17-CI-00598 J.S. FLYNN. CLERK NOV 29 2018 G~LASKI CIRC DISTCO'i,'}! and ESTATE OF JOHN WHITE, by and through its Executrix,. TONYA MEECE PLAINTIFFS v. CUMBERLAND GASTROENTEROLOGY, PSC DEFENDANTS. INSTRUCTIONS OF THE COURT INSTRUCTION NO. 1 Immediately upon retiring to the jury room, you shall elect one jury member to serve as forepersoj. Your verdict will b~ determined by how you answer the questions or "interrogatories'' contained in these instructions. In order to render a verdict, nine (9) or more jurors must agree on the answers to each of the questions herein. However, the nine (9) or more of you who agree to an answer on one question need not be the same jurors who agree to an answer to any of the other questions. If all twelve (12) of you agree to the answer to a question, only the foreperson shall sign the answer blank for that question. Otherwise, each answer to a question must be signed by the nine (9) or more of "' you who agree to it. Please pmceed toi118tructioi1 P(o. Z. 1
INSTRUCTION NO. 2 Jason Dixon, APRN was an employee of Cumberland Gastroenterology and was acting within the course and scope of his employment when he treated Lula Mae White; therefore, Cumberland Gastroenterology, PSC is legally responsible for the actions of Jason Dixon, APRN. It was the duty of Jason Dixon, APRN, in his treatment of Lula Mae White, to exercise the degree of care and skill ordinarily expected of a reasonable and prudent nurse practitioner under similar circumstances as those in this case. If you are satisfied from the evidence that Jason Dixon, APRN, as -an employee of Defendant, Cumberland Gastroenterology, PSC, failed to comply with this duty and that such failure was a substantial factor in causing Lula Mae White's injuries you will find for the Plaintiff. Otherwise you shall find for the Defendant. We, the Jury, find in favor of the Plaintiff. YES I NO 2 /
Foreperson (if unanimous):------------ OR- IF you answered "NO," you have now completed your duties. Please.retum to the courtroom. If you answered "YES," please proceed to Instruction No. 3. 3
INSTRUCTION NO. 3 If you are satisfied from the evidence that John White suffered the loss of the services, assistance, aid, society, companionship, or conjugal relationship between he and his wife, Lula Mae White, and that Defendant, Cumberland Gastroenterology, PSC, through its employee, Jason Dixon, APRN, was a substantial factor in causing John White's loss of the services, assistance, aid, society, companionship, or conjugal relationship between he and his wife, Lula Mae White, you will find for the Plaintiff. Otherwise you shall find for the Defendant. We, the Jury, find in favor of the Plaintiff! YES ~ NO Foreperson (if unanimous):------------- OR Please proceed to bistruction No. 4. 4
INSTRUCTION NO. 4 If you answered "YES" under Inst1"1:1ction 2, you will deternrine from the evidence and award her Estate a sum or sums of money, if any, that will fairly and reasonably compensate her Estate for the following damages Lula White sustained as a direct result of the fault of the Defendant: Lula Mae White's Medical Expenses: (Not to exceed $ 555,291.03) Foreperson (if unanimous):~~ OR Please proceed to I11Btruction No. 6. 5
INSTRUCTION NO. 5 If you answered "YES" under Instruction 2, you wui determine from the evidence and award her Estate a sum or sums of money, if any, that will fairly and reasonably compensate her Estate for the following damages Lula White sustained as a direct result of the fault ofthe Defendant: Lula Mae White's Pain and Suffering: $ 5co I coo ~ (Not to exceed $2,000,000.00) Foreperson (if unajumous):ub ~Ge...0~ OR If not unanimous, the nine (9) or more of you who agree: Please pmceed to IZ1Btructio.a No. 6. 6
INSTRUCTION NO. 6 If you answered "YES" under Instruction 3, you will determine from the evidence and award his Estate a sum of money, if any, that will fairly and reasonably compensate his Estate for whatever loss of services, assistance, aid, society, companionship and conjugal relationship of his wife you believe from the. evidence John White sustained as a direct result of Lula White's injuries and death: John White's loss of the services, assistance, aid, society, companionship and conjugal relationship of his wife: $_ \00..., _,00... o (not to exceed $2,000,000.00) Foreperson (if unanimous):------------ OR Please proceed to Ins'tructiOJJ No. 7. 7
INSTRUCTION NO. 7 an~etej '"y~'j" -to J;,arfY11eft " ;, I If you :ii1h: fer Plaintilli, and if yo1:1 are further satisfied by clear and convincing evidence that Jason Dixon, APRN, as an employ~e of Cumberland Gastroenterology, PSC, acted or was acting in reckless disregard for the life or safety of Lula Mae White you may in your discretion award punitive damages against Defendant in addition to the money awarded under Instructions No. 4, 5, or 6. Your discretion to determine and award an amount, if any, of punitive damages is limited to the following factors: (a) (b) the harm to the Plaintiff as measured by the damages you have awarded under Instructions No. 4, 5 and 6 and the potential of further harm to the Plaintiff caused by the Defendant's failure t.o comply with its duty and its conduct towards the Plaintim the degree,-if any, to which you have found from the evidence that the Defendant's conduct toward the Plaintiff and failure to comply with its duties was reprehensible, considering the harm caused was physical rather than economic; the degree to which the Defendant's conduct evinced an indifference to or a reckless disregard for the health or safety of others; the degree to which the Defendant's conduct involved repeated actions as opposed to an isolated incident; the degree to which the harm to the Plaintiff was the result of intentional malice, trickery, or deceit. "Punitive damages" are damages to be awarded for the purpose of punishing the Defendant for Jg misconduct in this case and deterring them and others from engaging in similar conduct in the future. As used in this Instruction, "clear and convincing evidence" means a degree of proof that will produce in your mind a firm belief and conviction that the allegations sought to be established are highly probable. It requires the Plaintiff 8
to produce evidence substantially more persuasive than a preponderance of evidence, but not beyond a reasonable doubt. As should be clear from these Instructions, the conduct necessary to support an award of punitive damages must be such that would outrage the community. If you award punitive damages, they must be fixed with calm discretion and sound reason, and must never be either awarded, or fixed in the amount, because of any sympathy, or bias, or prejudice with respect to any party to the case. Finally, even though you might otherwise award punitive damages against Defendant, Cumberland Gastroenterology, PSC, under this Instruction, you may not do so unless you are satisfied by clear and convincing evidence of one or more of the following: a) that Cumberland Gastroenterology, PSC should have anticipated Jason Dixon's conduct; or b) that Cumberland Gastroenterology, PSC authorized Jason Dixon's conduct either before or during the occurrence; or c) that Cumberland Gastroenterology, PSC was expressly or impliedly aware, whether by words or conduct, of Jason Dixon's conduct and intended to approve it after the occurrence. If you award punitive damages, you will state the amount separately from the sum or sums awarded under Instructions No. 4, 5, or 6. We, the Jury, award Plaintiff punitive damages against Defendant in the followin_g amount: $ f1x) fx)d (not to exceed $2,000,000.00) 9
.. Foreperson (if unanimous):----------- OR. You bave now completed your dutie~. Please return to tbe courtroom. 10