Free Proposed Jury Instructions - District Court of Delaware - Delaware

Case 1:04-cv-01540-GMS

Document 85-8

Filed 05/30/2006

Page 1 of 3

TABLE OF CONTENTS JOINT POINT FOR CHARGE SUBMISSIONS
PROVINCE OF THE COURT AND JURY STATEMENTS OF COUNSEL INSTRUCTION TO JURORS AT THE BEGINNING OF TRIAL (THE ROLE OF ATTORNEYS IN THESE PROCEEDINGS) BURDEN OF PROOF BY A PREPONDERANCE OF THE EVIDENCE NEGLIGENCE DEFINED NO NEED TO PROVE ALL CHARGES OF NEGLIGENCE MULTIPLE DEFENDANTS JOINT TORTFEASORS PROXIMATE CAUSE CONCURRENT CAUSES EFFECT OF INSTRUCTIONS AS TO DAMAGES EVIDENCE: DIRECT, INDIRECT OR CIRCUMSTANTIAL PRIOR SWORN STATEMENTS OBJECTIONS - RULINGS ON EVIDENCE J-1 J-2

J-3 J-4 J-5 J-6 J-7 J-8 J-9 J-10 J-11 J-12 J-13 J-14

CREDIBILITY OF WITNESSES - WEIGHING CONFLICTING TESTIMONY EXPERT TESTIMONY EXPERT MEDICAL OPINION MUST BE TO A REASONABLE PROBABILITY JUROR NOTE-TAKING AND EXHIBIT BINDERS COURT IMPARTIALITY SYMPATHY DEFINITION OF MEDICAL NEGLIGENCE

J-16 J-17 J-18 J-19 J-20 J-21 J-22

Case 1:04-cv-01540-GMS

Document 85-8

Filed 05/30/2006

Page 2 of 3

CORPORATIONS AND THEIR AGENTS PLAINTIFFS' POINT FOR CHARGE SUBMISSIONS FOR WHICH DEFENDANTS OBJECTED NATURE OF THE CASE PLAINTIFF'S CONTENTIONS AGENCY OF TREATING DOCTORS AND NURSES AGENT'S NEGLIGENCE IMPUTED TO PRINCIPAL AGENCY ADMITTED CAUSATION PLAINTIFF SUSCEPTIBLE TO INJURY DAMAGES - WRONGFUL DEATH DAMAGES - SURVIVAL ACTION - PAIN AND SUFFERING DAMAGES - SURVIVAL ACTION - PUNITIVE DAMAGES DAMAGES - PUNITIVE DAMAGES - EMPLOYER OF TORTFEASOR EFFECT OF INSTRUCTIONS AS TO PUNITIVE DAMAGES DEPOSITION - USE AS EVIDENCE USE OF REQUESTS FOR ADMISSIONS AT TRIAL APPROPRIATE MEDICAL SCREENING EXAMINATION- DEFINITION EMERGENCY MEDICAL CONDITION- DEFINITION EMTALA VIOLATION-INSTRUCTION FAILURE TO PRODUCE AVAILABLE EVIDENCE SPOLIATION/DESTRUCTION OF EVIDENCE JURY DELIBERATIONS INSTRUCTIONS TO BE CONSIDERED AS A WHOLE

J-23

P-1 P-2 P-3 P-4 P-5 P-6 P-7 P-8 P-10 P-11 P-12 P-13 P-14 P-15 P-16 P-17 P-18 P-20 P-21 P-22 P-23

Case 1:04-cv-01540-GMS

Document 85-8

Filed 05/30/2006

Page 3 of 3

DEFENDANTS POINT FOR CHARGE SUBMISSIONS FOR WHICH PLAINTIFFS' OBJECTED NO SPECULATIVE DAMAGES DUTY OF A PHYSICIAN OR OTHER HEALTH CARE PROVIDER INSTRUCTIONS TO BE CONSIDERED AS A WHOLE D-1 D-2 D-3