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- Duty Of Passenger In Automobile Chargesnjcourts.govCHARGE 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 …
- njcourts.govCHARGE 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 …
- njcourts.govCHARGE 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 …
- njcourts.govCHARGE 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 …
- njcourts.govCHARGE 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 …
- njcourts.govCHARGE 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 …
- njcourts.govCHARGE 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 …
- Third Party Action under Longshoreman's and Harbor Workers Compensation Act — Comparative Negligence Chargesnjcourts.govCHARGE 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 …
- njcourts.govCHARGE 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 …
- njcourts.govCHARGE 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 [ …
- njcourts.govCHARGE 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 …
- njcourts.govCHARGE 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 …
- Medical Expenses (Non Auto) Chargesnjcourts.govCHARGE 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, …
- njcourts.govCHARGE 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 …
- Loss of Earnings Chargesnjcourts.govCHARGE 8.11C ― Page 1 of 10 8.11 DAMAGES CHARGES ‑ GENERAL C. LOSS OF EARNINGS (Approved 12/88; Revised 7/10) 1. Past Lost Earnings [Plaintiff] has a right to be compensated for any earnings lost as a result of injuries caused by defendant's negligence …
- Loss Of Profits Chargesnjcourts.govCHARGE 8.11D ― Page 1 of 2 8.11 DAMAGES CHARGES — GENERAL D. LOSS OF PROFITS (pre-1983; Revised 11/2023) The measure of damages for loss of profits to a plaintiff who is an owner of a business is the value of the plaintiff’s services in carrying on that …
- njcourts.govCHARGE 8.11E ― Page 1 of 4 8.11 DAMAGES CHARGES — GENERAL E. DISABILITY, IMPAIRMENT AND LOSS OF THE ENJOYMENT OF LIFE, PAIN AND SUFFERING (Approved 12/1996; Revised 05/2017) If you find for [ Plaintiff ], [ he ] [ she ] is entitled to recover fair and …
- njcourts.govCHARGE 8.11F ― Page 3 of 3 8.11 DAMAGES CHARGES — GENERAL F. AGGRAVATION OF THE PREEXISTING DISABILITY (Approved 1/97) In this case, evidence has been presented that [plaintiff] had an illness/injury(ies)/condition before the accident/incident — that is …
- Life Expectancy Chargesnjcourts.govCHARGE 8.11G ― Page 1 of 1 8.11 DAMAGES CHARGES — GENERAL G. (i) LIFE EXPECTANCY (Approved 02/1996) If you make an award for future pain and suffering, disability and impairment, loss of enjoyment of life, medical expenses, and loss of future earnings, …
- Capitalization Chargesnjcourts.govCHARGE 8.11H ― Page 2 of 2 8.11 DAMAGES CHARGES — GENERAL H. CAPITALIZATION (pre-1984) The plaintiff introduced testimony that $ _____ is the amount which if invested today at 3½% compound interest would produce $1.00 per year for the _____ years of …