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CHARGE 5.50I ― Page 3 of 3 5.50I Fraudulent Concealment of Medical RecordS (Approved 7/02) Upon request, physicians have a duty to provide a patient or a patient's representative with a true, unaltered and complete copy of all treatment records for any …
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CHARGE 5.51A ― Page 4 of 10 5.51A LEGAL MALPRACTICE (Approved 06/1979; Revised 10/2022) NOTE TO JUDGE The elements of a legal malpractice action are “(1) the existence of an attorney-client relationship creating a duty of care by the defendant attorney; …
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CHARGE 5.51B ― Page 1 of 1 5.51B Proximate Cause in Legal Malpractice Involving Inadequate or Incomplete Legal Advice (Approved 01/1997; Revised 01/2025) NOTE TO JUDGE “The issue of causation is ordinarily left to a factfinder[,]” but a court can remove …
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CHARGE 5.52 ― Page 7 of 7 5.52 PROFESSIONAL LIABILITY OF AN ARCHITECT/ENGINEER (Approved 11/95) A. General Duty Owing In this action plaintiff contends that defendant was negligent because he/she did not comply with the standard of care that the law …
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CHARGE 7.10 — Page 1 of 1 7.10 CONTRIBUTORY NEGLIGENCE (Approved 5/91) NOTE TO JUDGE Causes of action in negligence arising on and after August 22, 1973 are governed by the comparative negligence statute N.J.S.A. 2A:15-5 et seq. That statute changed the …
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CHARGE 7.11 — Page 1 of 4 7.11 CARE REQUIRED OF CHILDREN (Approved 5/91) A. In General (7 years and Older) A child, old enough to be capable of negligence, is required to act with the same amount of care as children of similar age, judgment and …
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CHARGE 7.12 — Page 3 of 3 7.12 DUTY OF PASSENGER IN AUTOMOBILE (Approved 5/91) A passenger in an automobile must act with the same amount of care and caution for her/his own safety as an ordinary careful person would exercise under like circumstances. A …
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CHARGE 7.13 — Page 2 of 2 7.13 NEGLIGENCE – INTOXICATION (Approved 5/91) A. In General A person who voluntarily has become intoxicated is required to act with the same care as a person who is sober. So long as such a person who is voluntarily intoxicated …
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CHARGE 7.14 — Page 1 of 1 7.14 NEGLIGENCE — EFFECT OF PHYSICAL IMPAIRMENT (Approved 5/91) A person with a physical impairment is required to act with the same degree of care as an ordinary careful person with a similar impairment or disability would have …
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CHARGE 7.15 — Page 1 of 2 7.15 NEGLIGENCE - CARE REQUIRED OF PEDESTRIAN ON SIDEWALK (Approved 5/91) A. In General A pedestrian using the sidewalk must act with the same amount of care for her/his own protection as a reasonably careful person would have …
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CHARGE 7.16 —Page 1 of 3 7.16 APPORTIONMENT WHERE THE ACTS, OR INACTIONS, OF AN INDIVIDUAL OR ENTITY SUBSTANTIALLY CONTRIBUTED TO THE ALLEGED HARM (Approved 10/1991; Revised 09/2018) In this case, [ one party ] alleges that the acts of [ individual or …
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CHARGE 7.20 — Page 5 of 5 7.20 FEDERAL EMPLOYERS LIABILITY ACT — COMPARATIVE NEGLIGENCE (Approved pre-1984) If, in accordance with the principle of law heretofore given you, you find that the defendant was negligent and that the plaintiff was …
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CHARGE 7.21 — Page 5 of 5 7.21 JONES ACT – COMPARATIVE NEGLIGENCE (Approved pre-1985) If in accordance with the principles of law heretofore given you, you find that the defendant was negligent and that the plaintiff was contributory negligent, you will …
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CHARGE 7.22 — Page 5 of 5 7.22 THIRD PARTY ACTION UNDER LONGSHOREMAN'S AND HARBOR WORKERS COMPENSATION ACT — COMPARATIVE NEGLIGENCE (Approved before 1985) If in accordance with the principles of law heretofore given you, you find that the defendant was …
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CHARGE 7.30 –—Page 9 of 9 7.30 COMPARATIVE NEGLIGENCE (AUTO) — ALL ISSUES (Approved 6/1989; Revised 12/2011) SUGGESTED CHECK LIST CONTENTIONS FUNCTIONS OF JUDGE AND JURY COMMENTS OF COURT AND COUNSEL DETERMINATION BASED ON EVIDENCE COMBINED BURDEN OF …
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CHARGE 7.31 —Page 1 of 4 7.31 COMPARATIVE NEGLIGENCE/FAULT: ULTIMATE OUTCOME (Approved 03/2000; Revised 11/2023) If you find that the plaintiff and one or more individuals or entities were [ negligent/at fault ] and proximately caused the [ …
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CHARGE 7.32 — Page 1 of 9 7.32 COMPARATIVE NEGLIGENCE: INTERROGATORIES (Approved before 1985) NOTE TO JUDGE The interrogatories selected by the Committee for submission to the jury on the issue of comparative negligence represent a compromise between the …
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CHARGE 8.10 ― Page 2 of 3 8.10 DAMAGES — EFFECT OF INSTRUCTIONS (Approved 12/95) A. General I shall now instruct you on the law governing damages in the event you decide the liability issue in favor of [plaintiff] . The fact that I instruct you on damages …
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CHARGE 8.11A ― Page 2 of 3 8.11 DAMAGES CHARGES — GENERAL A. MEDICAL EXPENSES (NON-AUTO) (Approved 12/96, Revised 09/2021) A plaintiff who is awarded a verdict is entitled to payment for medical expenses which were reasonably required for the examination, …
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CHARGE 8.11B ― Page 1 of 3 8.11 DAMAGES CHARGES — GENERAL B. DUTY TO MITIGATE DAMAGES BY MEDICAL AND SURGICAL TREATMENT (Adopted 12/96; Revised 10/00) If you decide that the plaintiff is entitled to damages for his/her injuries, you should then determine …