Free Jury Verdict - District Court of Delaware - Delaware


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Pages: 4
Date: February 14, 2006
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State: Delaware
Category: District Court of Delaware
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· Case 1:04-cv—OO911-G|\/IS Document 125 Filed O2/14/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAN KOPAC Z and ESTATE OP CATHY :
KOPACZ, : _
Plaintiffs, : C.A. N0. 04-9lI GMS
v. : .
: Jury Trial Dernanded
DELAWARE RIVER AND BAY :
AUTHORITY, and CRAIG SWETT, : l
Defendants. :
JAN KOPAC Z, :
Plaintiff, : C.A, N0. O4—l28I GMS
v. 1
DELAWARE RIVER AND BAY :
AUTHORITY, :
Defendant. :
JURY INTERROGATORIES
I. D0 you Gnd that Mr. Kopacz was struck and injured by the Swett vehicle 0n August 9,
20027 i
Yes yi N0
2. If y0u answered "No" to Question No. I, go directly to Question I6.
3. If you answered "Yes" to Question N0. I, do you hnd that the Delaware River and
Bay Authority ("DRBA") was negligent?
Yes No
4. If you answered "Yes" to Question No. 3, was the DRBA’s negligence a cause, no
matter how slight, of plaintiffs injuries?
Yes No

— Case 1 :04-cv-00911-GIVIS Document 125 Filed O2/14/2006 Page 2 of 4
5. Was the M/V DELAWARE unseaworthy?
Yes No
6. lf you answered "Yes" to Question 5, was the unseaworthiness a substantial factor in
causing Plaintiffs injuries?
Yes No
7. Was Craig Swett negligent?
Yes No
'l .
8. If you answered "Yes" to Question No. fi, was S\\'€II7S negligence the proxiniate cause
of plaintiff’s injuries?
Yes No
9. lf you answered "No." to Question No. 4, 6 and S. go directly to Question 16,
10. lf you answered "Yes" to Question No. 4, 6 or 8, continue on to the next question.
11. Was the plaintiff contributorily negligent?
Yes No
12. If you answered "Yes" to Question No. 11, in what percentage did plaintiff’s
contributory negligence contribute to cause his injury?
%
13, What percentage did each party you found at fault contribute to causing plaintiffs
injury?
DRBA Swett Kopacz Total 100%
Your answers must total 100%.

· Case 1 :04-cv-00911-GIVIS Document 125 Filed O2/14/2006 Page 3 of 4
14. What is the amount of damages-, if any, plaintiff is entitled to recover'? A
Past wage loss $ .
Medical expenses $
Pain and suffering $
Total $
Do not subtract for any contributory negligence. The Court will do the mathematics. Just put in
the total you believe plaintiff is entitled to recover.
15. Do you award anything for loss of consortium to the Estate of Cathy Kopacz?
Yes No
lf yes, $ _
16. Was Plaintiffinjured while subject to the call of duty of his ship?
;i/__Yes _ ,,_ No
17. What was the amount for maintenance, if any, plaintiff is entitled to recover hom DRBA
for the following: V
Maintenance EE
Value of sick leave and f
annual leave $ Egg Q
Medical Expenses $_ 5_9LQgg
EEfF?§iTSiSC&EZ'§aZamag“ $_a1__ 5g;
Total $ ri (*7. _

· Case 1 :04-cv-00911-GIVIS Document 125 Filed O2/14/2006 Page 4 of 4
18. Was DRBA’s refusal to pay plaintiff maintenance and cure unreasonable and without
reasonable justification?
\t··", Yes No