COMMONWEALTH OF KENTUCKY PERRY CIRCUIT COURT CIVIL ACTION NO. 12-CI-l84 TRAVIS SLONE PLAINTIFF VS. JURY INSTRUCTIONS LINDA S. MOORE DEFENDANT INSTRUCTION NO. 1 Immediately upon retiring to the jury room, the first thing you shall do is to elect one of your members to serve as foreperson of the Jury. Your verdict will be determined by how you answer the questions in these instructions. Nine (9) or more ofyou may agree upon a verdict. Ifall twelve (12) agree, the verdict need be signed only by the foreperson, otherwise it must be signed by the nine (9) or more who agree to it. The nine (9) or more who agree to one verdict need not be the same nine (9) or more who agree on the other verdicts.
INSTRUCTION NO. 2 "Ordinary care" means such care as the Jury would expect an ordinarily prudent person to exercise under similar circumstances.
INSTRUCTION NO. 3 It was the duty oflinda Moore, in drivingthe Perry County school bus, to exercise ordinary care for the safety ofother persons using the highway, and this general duty includedthe following specific duties: a. To have the school bus under reasonable control; ' b. To keep a lookoutfor other vehicles so near her intended line oftravel as to be in danger ofcollision; c. To exercise ordinary care generally to avoid collision with other persons or vehicles using the highway; d. To yield the right-of-way to approaching vehicles and not to enter Kentucky Highway 80 ifvehicles are approaching so close as to constitute an immediate hazard.
INSTRUCTION NO. 3 (cont.^ / Do you believe from the evidence that school bus driver Linda Moore failed to comply with one or more of the duties listed in Instruction No. 3, and that this failure was a substantial factor in causing injuries to Travis Slone? YES NO yuj^ fru'^l IF YOU HAVE ANSWERED "YES" TO INSTRUCTION NO. 3, IF YOU HAVE ANSWERED "NO" TO INSTRUCTION NO. 3, YOUR DELIBERATIONS ARE COMPLETE. PLEASE INFORM THE BAILIFF.
INSTRUCTION NO. 4 It was the duty of pickuptruck driver OscarDuaneStidham, in driving his pickuptruck,to exercise ordinarycare for his own safety, for the safetyof passenger, Travis Slone, and the safety of otherpersons using the roadway, and this general duty included the following specific duties: a. To have his automobile under reasonable control; b. To keep a lookout ahead for other vehicles so near his intended line oftravel as to be in danger ofcollision; and c. To exercise ordinary care generally to avoid collision with other persons or vehicles using the roadway.
INSTRUCTION NO. 4 rcont.^ Do you believe from the evidence that pickup truck driver Oscar Duane Stidham failed to comply with one or more of these duties listed in Instruction No. 4, and that this failure was a substantial factor in causing injuries to Travis Slone? YES NO
INSTRUCTION NO. 5 It was the duty ofpassengertravis Slone to exercise ordinary care for his ovra safety. Do you believe from the evidence that passenger Travis Slone failed to comply with his duty listed in Instruction No. 5, and that this failure was a substantial factor in causing his injuries? YES NO
INSTRUCTION NO. 6 You will determine from the evidence and indicate in the following blank spaces what percentage ofthe total fault was attributableto each ofthe parties you have found to be at fault, as follows: Linda Moore Oscar Duane Stidham Travis Slone % (Only if you have answered "yes" to Interrogatory No.3) % (Only if you have answered "yes" to Interrogatory No.4) (Only if you have answered "yes" to Interrogatory No.5) Total: 100% In determining the percentages offault, you shall consider both the nature ofthe conduct of each party at fault and the extent of the causal relation between their conduct and the damages claimed.
INSTRUCTION NO. 7 The Court instructs the Jury that if youbeheve from the evidence that all, or anypart, of the injuries of which Travis Slone complains were not caused by the incident about which you have heardevidence, but were caused at some othertime, or occurred from some othercause, you will not find for Travis Sloneon account of the injuries whichyou may believefrom the evidence werecausedat someothertime or occurred fromsomeothercause, but will onlyfind suchdamages you may believe Travis Slone sustained on account ofthe injuries which he suffered as a result of the incident about which you have heard evidence.
INSTRUCTION NO. 8 If you found for the Plaintiff, Travis Slone, you will determine from the evidence the sum of money that will fairly and reasonably compensate him for future medical expenses that he is reasonably likely to incur as direct result ofthis accident, not to exceed $654,046.00. We, the Jury,returna verdictto TravisSlone of $_ for his future medical expenses.
INSTRUCTION NO. 9 If you found for the Plaintiff, Travis Slone, you will determine from the evidencethe sum of money thatwill fairly and reasonably compensate him for permanent impairment of his power to earn money as direct result ofthis accident, not to exceed $1,684,760.00. We, the Jury, return a verdict to Travis Slone of $ for his permanent impairment of his power to earn money.
INSTRUCTION NO. 10 Ifyou found for the Plaintiff, Travis Slone, you will determine from the evidence the sum of money that will fairly and reasonably compensate him for past physical or mental pain and suffering, which he has sustained as a result of his injuries directly caused by this accident from the time ofhis injuries and up to today's date, not to exceed $7,000,000.00. We, the Jury, return a verdict to Travis Slone of $ for his past physical and mental pain and suffering.
INSTRUCTIONNQ.il If you found for the Plaintiff, Travis Slone, you will determine from the evidence the sum of money that will fairly and reasonably compensate him for future physical ormental pain and suffering as direct result ofthis accident, not to exceed $20,000..000.00. We, the Jury, return a verdictto Travis Slone of $_ for his future physical and mental pain and suffering.
INSTRUCTION NO. 12 If you answered "yes" to Instruction No. 3, and awarded this Plaintiff a sum of money under Instructions Nos. 8, 9, 10, or 11, and if you are further satisfied, by clear and convincing evidence, that Defendant, Linda Moore, acted inreckless disregard tothe lives, safety, orproperty of others, including the Plaintiff, Travis Slone, you may, in your discretion, award punitive damages against her in addition to the damages awarded under Instructions Nos. 8, 9, 10, and/or 11. "Punitive damages" are damages to be awarded against the Defendant, LindaMoore, for the purpose of punishing her for her conduct in this case and deterring her and others from engaging in similar conduct in the future. If you awardpunitive damages, they must be fixed with calm discretion and soundreason, and must never be awarded or fixed in an amount because of any sympathy, bias, or prejudice for or against any party in this case. If you award punitive damages, you will statethe amount separate from the sum or sums awarded in previous Instructions.
Do you wish to award punitive damages? INSTRUCTION NO. 12 rcont.^ YES NO If yes, please state the amount of punitive damages you wish to award, not to exceed $20,000,000.00. We, the Jury, return a verdict to Travis Slone of $_ for punitive damages. YOUR DELIBERATIONS ARE NOW COMPLETE. PLEASE INFORM THE BALIFF.