Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:03-cv-02669-MSK-PAC

Document 331-17

Filed 03/31/2006

Page 1 of 2

Form __: IN THE UNITED STATES DISTRICT COURT OF COLORADO ________________________________________________________________________ Case No. ________________________________________________________________________

Plaintiff, v.

Defendants. ________________________________________________________________________ SPECIAL VERDICT FORM ON BIG-D CALIFORNIA' QUANTUM MERUIT S CLAIM AGAINST LEPRINO You are instructed to answer the following questions. You must agree on your answer to each question and you must all sign the completed form on the signature lines. We, the jury, present our Answers to Questions submitted by the Court, to which we have all agreed: 1. Do you find that Leprino abandoned the Contract? (Yes or No) ANSWER: _______ 2. Do you find that Leprino failed to pay Big-D California for extra work performed that was not governed by the terms of the Contract? (Yes or No) ANSWER: _______

If you answered "No" to Questions 1 and 2, then stop here and proceed to sign this Special Verdict Form on the lines provided below. If on the other hand, you answered "Yes" to any of Questions 1 through 2, then you must answer the following questions: Do you find by a preponderance of the elements that Leprino has established the following affirmative defenses: [INSERT ON MONDAY UPON RECEIPT BY LEPRINO]

Case 1:03-cv-02669-MSK-PAC

Document 331-17

Filed 03/31/2006

Page 2 of 2

If you answered "Yes" to any of the affirmative defenses, then stop here and proceed to sign this Special Verdict Form on the lines provided below. If on the other hand, you answered "No" to all of the affirmative defenses, then you must answer the following questions: If you answered "Yes" to Question No. 1, please enter the amount of the reasonable value of goods and services rendered by Big-D California to Leprino after the time Leprino abandoned the Contract: ANSWER: $_________________ If you answered "Yes" to Question No. 2, please enter the amount of the reasonable value of goods and services rendered by Big-D California that was not governed by the terms of the Contract. You may not include any amounts in your answer that are included in your answer to the previous question. ANSWER: $__________________

Signatures of all jurors: ________________________ ________________________ ________________________ _______________________ Foreperson _______________________ _______________________