TABLE OF CONTENTS

Preliminary Sections

How to Use this Book

Florida Rule of Civil Procedure Form 1.985

The Theory and Technique of Charging a Jury with These Instructions

Original Introduction from Inaugural Committee

Orders of the Supreme Court Creating and Revising These Instructions

Current members of the Committee

Members of the Committee Since Inception

The Standard Instructions
[The instructions are indexed by instruction members; the traditional page numbers are not used. Instructions exceeding one page are individually paginated, e.g., 1.1, page 1 through 1.1, page 5. Reference to jury instructions by number (as opposed to the page number) establishes a permanent identification that facilitates cross referencing in electronic versions, citations, and works by other publishers.]

I Instructions Before and During Trial
1.0 Preliminary instruction [prior to voir dire]
1.1 Preliminary instruction [after jury selection]
1.2 Improper remarks regarding insurance and other matters
1.3 Deposition testimony, interrogatories, stipulated testimony, stipulations and admissions
1.4 Dead person’s statute (failure to testify)
1.5 Instruction when first item of documentary, photographic or physical evidence is admitted
1.6 Instruction when evidence is first published to jurors
1.7 Instruction regarding visual or demonstrative aids
1.8 Note-taking by jurors
1.9 Jury to be guided by official English translation/interpretation
1.10 Jury to be guided by official English translation/interpretation
1.11 Jury to be guided by official English translation/interpretation
1.12 Jury to be guided by official English translation/interpretation

II. General Instructions
2.1 Introductory instruction
2.2 Believability of witnesses
2.3 Failure to produce witness (committee recommends no charge)
2.4 Multiple claims, numerous parties, consolidated cases

III Issues
3.1 Preemptive charges: issues arising on claim
3.2 Issues as to claimant’s status or defendant’s duty
3.3 Issues as to vicarious liability
3.4 Greater weight (preponderance) of evidence and burden of proof on preliminary issues
3.5 Negligence issues
3.6 Issues as to legal (proximate) cause and damage
3.7 Greater weight (preponderance) of evidence and burden of proof
3.8 Defense issues
3.9 Greater weight (preponderance) of evidence defined

IV. Negligence
4.1 Negligence
4.2 Professional negligence
4.3 Contributory negligence (committee recommends no charge)
4.4 Negligence of a child
4.5 Negligence of a common carrier (passenger case)
4.6 Res ipsa loquitur
4.7 Right to assume others will exercise reasonable care (committee recommends no charge)
4.8 Sudden emergency (committee recommends no charge)
4.9 Violation of nontraffic penal statute or ordinance as negligence
4.10 Equal and reciprocal rights and duties of motorists and pedestrians
4.11 Violation of statute, ordinance or regulation evidence of negligence
4.12 Duty of motorist toward children
4.13 Traffic
a. Duty to keep lookout
b. Duty to inspect vehicle or to maintain vehicle in safe condition
c. Range of vision rule
d. Duty to yield right of way to approaching train (committee recommends no charge)
4.14 Railroads
a. Standing train doctrine (and railroad’s duty to give additional warning)
b. Reciprocal duties at railroad crossing (duty to yield right of way to approaching train) (committee recommends no charge)

PL Product Liability
PL 1 Express warranty
PL 2 Implied warranty of merchantability
PL 3 Implied warranty of fitness for particular purpose
PL 4 Strict liability (manufacturing defect)
PL 5 Strict liability (design defect)
Burden of proof (greater weight of the evidence)
Defense issues

V Causation
5.1 Legal cause (proximate, concurring, intervening cause)
5.2 Legal cause (product liability)
5.3 Legal cause (treatment without informed consent)

VI Damages
6.1 Personal injury and property damages: introduction
6.2 Personal injury and property damages: elements
6.3 Wrongful death damages recoverable for estate when there are no survivors: introduction
6.4 Wrongful death damages recoverable for estate when there are no survivors: elements
6.5 Wrongful death damages recoverable for estate and survivors: introduction
6.6 Wrongful death damages recoverable for estate and survivors: elements
6.7 Wrongful death damages recoverable for estate and survivors: separate awards for estate and survivors
6.8 (Reserved by committee)
6.9 Mortality tables
6.10 Reduction of damages to present value
6.11 Joint liability of joint tortfeasors
6.12 (Reserved by committee)
6.13 Collateral source rule
6.14 (Reserved by committee)

PD Punitive Damages
Notice concerning use of punitive damages charges
PD 1 Punitive damages – bifurcated procedure
PD 2 Punitive damages – non-bifurcated procedure

MI Miscellaneous
MI 1 Contribution among tortfeasors § 768.31, Florida Statutes (Supp. 1976)
1.1 Contribution sought in independent or severed action between tortfeasors when there is no issue of reasonableness of amount paid injured party
1.2 Contribution sought in independent action between tortfeasors when there is an issue of reasonableness of amount paid in settlement to injured person
1.3 Contribution sought by cross-claims between defendant tortfeasors in injured party’s original action against them
1.4 Contribution sought by third party claim in injured party’s action against third party claimant only
1.5 Defense issue and burden of proof of intentional (willful or wanton) conduct
MI 2 (Reserved by committee)
MI 3 Insurer’s bad faith
3.1 Insurer’s bad faith to settle
MI 4 Defamation
4.1 Defamation: public official or public figure claimant
4.2 Defamation: private claimant, media defendant
4.3 Defamation: private claimant, nonmedia defendant with or without qualified privilege
4.4 Defamation: causation and damages
MI 5.1 Malicious prosecution (issues and elements)
MI 5.2 Malicious prosecution (damages)
MI 6.1 False imprisonment
MI 7 Tortious interference with business relationships
7.1 Interference with a contract not terminable at will
7.2 Interference with contract terminable at will or with prospective business relations; competition or financial interest defense
MI 8 Fraudulent misrepresentation; negligent misrepresentation (Issues & Elements)
8.1 Fraudulent misrepresentation; negligent misrepresentation (issues and elements)
8.2 False information negligently supplied for the guidance of others (Restatement § 552)
MI 9 Emergency Medical Treatment
9.1 No jury issue as to applicability of § 768.13(2)(b)
9.2 Jury issue as to applicability of § 768.13(2)(b)
MI 10 Outrageous conduct causing severe emotional distress
MI 11 Civil theft (Fla. Stat. § 772.11)
MI 12.1 Breach of contract existence of contract admitted (terms unambiguous)

VII Closing Instructions
7.0 Closing argument
7.1 Prejudice and sympathy judge not involved
7.2 Election of foreman; verdict forms
7.3 Jury deadlocked
7.4 Instruction upon discharge of jury
VIII Verdict Forms
Form of verdict itemizing damages introductory comment
8.1a Model form of verdict itemizing personal injury damages
8.1b Model form of verdict itemizing wrongful death damages
8.1c Model form of verdict itemizing personal injury damages with past and future damages separated
8.1d Model form of verdict itemizing wrongful death damages with past and future damages separated
8.1e Model form of verdict itemizing personal injury damages without past and future damages separated
8.1f Model form of verdict itemizing wrongful death damages without past and future damages separated
8.2 [Reserved – Former 8.2 was revised and renumbered as 8.1b]
8.3 Model verdict forms for use in emergency medical treatment (MI 9)
8.4 For use in conjunction with MI 9.2, when there is an issue as to applicability of § 768.13(2)(b), but no issue as to comparative negligence
8.5 For use in conjunction with MI 9.2, when there are issues as to both applicability of § 768.13(2)(b) and comparative negligence
8.6 Model form of verdict with apportionment of fault
8.7 For use in bifurcated punitive damage (PD 1) cases
8.8 For use in non-bifurcated punitive damage (PD 2) cases
8.9 For use in conjunction with 3.8g when there is an issue regarding the statute of limitations in a medical negligence case

Model Forms of Jury Charges
Model Charge No. 1: automobile collision; comparative negligence; single claimant and defendant; no counterclaim; no-fault threshold issue
Model Charge No. 2: automobile collision, driver’s comparative negligence; failure to wear seat belt; single claimant and defendant; no counterclaim
Model Charge No. 3: automobile collision; comparative negligence; wrongful death damages
Model Charge No. 4: automobile collision; comparative negligence; claim and counterclaim
Model Charge No. 5: injury in 3-car collision; settlement with injured party by one tortfeasor; independent contribution claim by him against others; reasonableness of settlement as well as liability contested
Model Charge No. 6: claimant suing three alleged joint tortfeasors; comparative negligence in issue; contribution shares to be determined in action
Model Charge No. 7: product liability case; negligence and implied and express warranty claims; comparative negligence as defense
Model Charge No. 8: product liability case; negligence and strict liability claims; comparative negligence defense

INDEX