Free Jury Verdict - District Court of Delaware - Delaware

, Case 1 :04-cv-01254-GIVIS Document 213 Filed 04/17/2007 Page 1 of 4
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HARRY SMITH, JR. AND ROSLYN )
WOODARD SMITH, IND1v1DUA1.LY AND AS )
ADMINISTRATORS or THE ESTATE OF )
HARRY SMITH, III )
)
PLAINTIFFS, ) CASE N0. O4-1254-GMS
)
v. )
)
. JOHN CIRITELLA, THOMAS DEMPSEY, )
AND MATTHEW KURTEN, ) -
)
DEFENDANTS. )
)
VERDICT FORM
I. The Constitutional Claims
1. Do you find by a preponderance ofthe evidence that any of the defendants used
excessive force and deprived Harry Smith, III of his rights under the United States
Constitution or the Delaware Constitution?
John Ciritella YES NO A
Thomas Dempsey YES NO ZS
Matthew Kurten YES NO S
Instruction:
If your answer is "Yes" to any of the above, go to question 2.
If your answer is "No," go to question 3. Do not answer question 2.
2. State the amount you award to the Estate on behalf of Harry Smith, III.
$
Instruction: G0 to question 3.

. Case 1 :04-cv—01254-GIVIS Document 213 Filed 04/17/2007 Page 2 of 4
II. The State Law Claim For Wrongful Death
3. D0 you find by a preponderance of the evidence that any of the defendants wrong-
fully caused the death of Harry Smith, III?
John Ciritella YES _ NO
Thomas Dempsey YES NO
Matthew Kurten YES NO X
Instruction:
If your answer is "Yes" to any of the above, go to question 4.
If your answer is "No" to all of the above, you are finished. Do not answer the
remaining questions.
4. For each defendant for whom you checked "YES" in response to the previous
question, do you find this defendant used excessive force and acted wantonly or with
willful and malicious intent?
John Ciritella YES___ NO_ NOT APPLICABLE_
Thomas Dempsey YES___ M NOT APPLICABLE___
Matthew Kurten YL NO+_ NOT APPLICABLE_
Instruction:
If you answered "Yes" to any of the above, go to question 5.
If you answered “No" or "N0t Applicable" to question 4, skip question 5.
5. State the amount you award to Harry Smith, Jr. and Roslyn Woodward Smith.
$
Instruction:
If you answered "Yes" to question 1, go to questions 6, 7 and 8.
If you answered "No" to question 1, you are iinished.

· Case 1 :04-cv—01254-GIVIS Document 213 Filed 04/17/2007 Page 3 of 4
6. Do you find that the defendants acted with malice or wantonly?
John Ciritella YL NO_ NOT APPLICABLE____
Thomas Dempsey YES_ NO_ NOT APPLICABLE)
Matthew Kurten YES_____ NO_ NOT APPLICABLE_
Instruction:
If you answered "Yes" to question 6, go to question 7.
If you answered "N0" to question 6, you are finished.
7. For each defendant for whom you checked "YES" in response to the previous
question, do you award punitive damages against that defendant?
John Ciritella YES_ NO? NOT APPLICABLE)
Thomas Dempsey YL NO_ NOT APPLICABLE____
Matthew Kurten YL NO___ NOT APPLICABLE_
Instruction: _
If you answered "Yes" to any defendant in question 7, go to question 8.
If you answered "No" to all defendants in question 7, you are finished.
8. For each defendant for whom you checked "YES" in response to the previous
question, state the amount of punitive damages you award against that defendant.
John Ciritella $ NOT APPLICABLE1
Thomas Dempsey $ NOT APPLICABLE_
Matthew Kuiten $ NOT APPLICABLE_
l Instruction:
If you answered “Yes" to questions 1 or 3, go to questions 9, 10 and 11.
If you answered "N0" to questions 1 and 3, you are finished.

Q Case 1 :04-cv—01254-GIVIS Document 213 Filed 04/17/2007 Page 4 of 4
l III. General ig
8. Do you find by a preponderance ofthe evidence that defendant John Ciritella was not
placed in danger by Harry Smith, III?
YES NO
9. Do you find by a preponderance ofthe evidence that after Harry Smith, III passed the
Jeep he did not present an imminent threat of serious injury or death to other
persons?
YES NO
10. Do you find by a preponderance of the evidence that defendants continued to shoot
at Harry Smith, III after the car stopped.
YES p NO
Signed this jl day of April, 2007 U
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