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Civil Injuries

Motor Vehicle Negligence

  1. State two motor vehicle negligence contentions that the judge will read to the jury, and the instruction number where you found them.
  2. State the definitions for the above contentions as read by the judge to the jury, and give the instruction number.
  3. With respect to motor vehicle negligence, is liability assumed from injury to the Plaintiff? How do you know?
  4. Assume that in a motor vehicle negligence case, the Plaintiff alleges damage to his motor vehicle as a proximate cause of Defendant’s negligence. How is the jury instructed to calculate the damages? Give the instruction number.
  5. Assume you sped through downtown Greensboro at 50 miles per hour, with no contrary speed limit posted, and you ran into another vehicle at an intersection. What is the number of the instruction that would be read to the jury? What is the relevant statute in Bluebook format?
  6. Once the evidence established the facts in question 6, would the Plaintiff have to do anything else to prove negligence? Why?
  7. May recover attorney fees as a matter of course in a negligence action? Why or why not? Is there an exception? Why is it an exception? Cite to authority in Bluebook format.
  8. From any of the sample complaints in Block 10, quote an allegation of a safety statute and identify the complaint and paragraph number from which you took the quote.
  9. What is the general duty that a motorist has in terms of operating a motor vehicle? Quote a paragraph from any of the sample complaints in Block 10, and identify the complaint and paragraph number from which you took the quote.

Sample Answer

1.
The two contentions which would be provided by the judge to the Jury are contentions of negligence (Instruction Number 102.35) and Contentions of Contributory negligence (Instruction Number 104.35). These contentions are found in North Carolina Pattern Jury Instructions For Motor Vehicle Negligence Cases.

2. Definitions
Contentions of negligence- “Negligence refers to a person's failure to follow a duty of conduct imposed by law” (Instruction Number 108.10)

Contentions of Contributory negligence- “The test of what is negligence, as it has been defined for you, is the same for the plaintiff as for the defendant”. (Instruction Number 108.10)

3.
No, liability is not assumed for the injury to the plaintiff. it is the duty of the plaintiff to establish before the court that the act of the defendant was the proximate cause of the injury. This is provided through instructions 102.20.

4.
According to instruction number 106.62 the property damages caused to the plaintiff are to be calculated by determining the difference between the property’s fair market value before damage and fair market value after the damage. Fair value denotes an amount which the buyer and seller would mutually agree for the vehicle.

5.
The instructions which would be read to the jury at this time would be those provided in instruction number 108.10. The relevant statue in the given situation is N.C. Gen. Stat § 20-141.

6.
This is question 6 itself there are no facts here.

7.
Yes attorney fees may be recovered in a negligence action as it is the economic loss which has been faced by the plaintiff due to the negligence of the defendant. However the fees are only recoverable when the total amount of damages to be paid is less than $25000 and the fee for attorney is recoverable up to $10000. In addition there must have been an unwarranted refusal by the defendant to negotiate or pay the claim which constitutes the basis of such suit.”

8.
Quote- “By driving the vehicle carelessly and recklessly in willful or wanton disregard of the rights of the Plaintiff in violation of N.C. Gen. Stat. § 20-140(a) which is negligence perse”

The paragraph Number is 10(b)

The complaint is sample Punitive damages complaintA

9.
The general duty of a motorist is to keep the vehicle in control-

Quote- “By failing to keep the vehicle under control”

The complaint is sample Punitive damages complaintA

 

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