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Filing # 149584418 E-Filed 05/13/2022 04:47:05 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL LAW DIVISION
NORMA SCARLETT,
Plaintiff,
Case No.: 20001166CA
Vv.
DOMINICK SALETNIK, and
AGNIESZK SALETNIK.
Defendants.
/
PLAINTIFF’S NOTICE OF FILING THOSE
JURY INSTRUCTIONS AGREED; THOSE REQUESTED BY
PLAINTIFF BUT NOT AGREED, AND PLAINTIFF’S PROPOSED VERDICT FORM
Plaintiff, NORMA SCARLETT, by and through the undersigned attorney, hereby gives
notice of filing of the following:
I Portion of Jury Instructions Agreed by all parties;
IL. Proposed Jury Instructions Requested by Plaintiff, but not agreed;
Til. Plaintiff's proposed verdict form (not agreed.)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 13'" day of May , 2022, a true copy of the foregoing
has been furnished to the Clerk of Circuit Court, Charlotte County via
www.myflcourtaccess.com pursuant to Florida Supreme Court SC 11-399 and was electronically
served via the e-filing portal to Defendant AGNIESZK SALETNIK and DOMINICK
SALETNIK, through their attorneys, Kristie A. Ducharme, Esq. and Paul A. Bernardini, Jr.,
Esq. of The Law Offices of Roush & Bernardini, 1901 Ulmerton Road, Suite 785, Clearwater,
FL 33762, kducharme@mercuryinsurance.com; PBernardinil @MercuryInsurance.com and
jigriffin@mercuryinsurance.com.
/s/ Ryan Jeffrey Hittel
Derek A. Reams
Florida Bar No. 557137
Carolay Vargas
Florida Bar No. 1000411
Ryan Jeffrey Hittel
Florida Bar No. 123566
Leonard A. McCue, P.A.
524 - 9th Street West
Bradenton, Florida 34205
(941) 748-1358
Service Email Address: Qlawservice@QLaw.com
Attorneys for Plaintiff 6402
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL LAW DIVISION
NORMA SCARLETT,
Plaintiff,
Case No.: 20001166CA
Vv.
DOMINICK SALETNIK, and
AGNIESZK SALETNIK.
Defendants.
I AGREED JURY INSTRUCTIONS
101.1 OATH OF JURORS BEFORE VOIR DIRE
Do you solemnly swear or affirm that you will answer
truthfully all questions asked of you as prospective jurors so help
you God?
101.2 OATH OF JUROR AFTER VOIR DIRE
Do you solemnly swear or affirm that you will well and truly
try this case between the plaintiff and defendants, and a true
verdict render according to the law and evidence so help you God?
101.3 OATH OF A WITNESS
Do you solemnly swear or affirm that the evidence you are
about to give will be the truth, the whole truth, and nothing but the
truth so help you God?
201.1 DESCRIPTION OF THE CASE
(Prior to Voir Dire)
Welcome. The clerk will now administer your oath.
Now that you have been sworn, I’d like to give you an idea
about what we are here to do.
This is a civil trial. A civil trial is different from a criminal case,
where a defendant is charged by the state prosecutor with
committing a crime. The subject of a civil trial is a disagreement
between people or companies, where the claims of one or more of
these parties have been brought to court to be resolved. It is called
“a trial of a lawsuit.”
This is a case about a motor vehicle collision. The Plaintiff,
Norma Scarlett, was stopped at a red light and was rear-ended by a
vehicle driven by Defendant Dominick Saletnik and owned by
Defendant Agnieszk Saletnik. Plaintiff alleges that she was injured.
The Defendants admit that Dominick Saletnik was negligent and
caused the collision, but deny that the accident resulted in any
loss, injury, or damage to the Plaintiff.
The incident involved in this case occurred on March 18, 2019
at the area Tamiami Trail and West Tarpon Boulevard NW here in
Charlotte County.
The principal witnesses who may testify in this case are:
The parties: Norma Scarlett, Dominick Saletnik, and Agnieszk
Saletnik;
And several doctors: Dr. Brian Chivas James, Dr. Lilla
Shkolnikov, Dr. Mark Lonstein, and Dr. Michael Foley.
201.2 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES
Who are the people here and what do they do?
Judge/Court: Iam the Judge. You may hear people
occasionally refer to me as “The Court.” That is the formal name for
my role. My job is to maintain order and decide how to apply the
rules of the law to the trial. I will also explain various rules to you
that you will need to know in order to do your job as the jury. It is
my job to remain neutral on the issues of this lawsuit.
Parties: A party who files a lawsuit is called the Plaintiff. A
party that is sued is called the Defendant.
Attorneys: The attorneys have the job of representing their
clients. That means they speak for their client here at the trial. They
have taken oaths as attorneys to do their best and to follow the
rules for their profession.
Plaintiffs Counsel: The attorneys on this side of the
courtroom, Ryan Hittel and Carolay Vargas, represent the Plaintiff
Norma Scarlett, who is the person who filed the lawsuit here at the
courthouse. Their job is to present their client’s side of things to
you. They and their client will be referred to most of the time as “the
plaintiff.” Mr. Hittel, will you please introduce who is sitting at the
table with you?
Defendant’s Counsel: The attorneys on this side of the
courtroom, Kristie Ducharme and Paul Bernardino, represent
Dominick Saletnik and Agnieszk Saletnik, the ones who have been
sued. Their job is to present their clients’ sides of things to you.
They and their clients will usually be referred to here as “the
defendants.” Mrs. Ducharme, will you please introduce who is
sitting at the table with you?
Court Clerk: This person sitting in front of me, (name), is the
court clerk. They are here to assist me with some of the mechanics
of the trial process, including the numbering and collection of the
exhibits that are introduced in the course of the trial.
Court Reporter: The person sitting at the stenographic
machine, (name), is the court reporter. Their job is to keep an
accurate legal record of everything we say and do during this trial.
Bailiff: The person over there, (name), is the bailiff. Their job is
to maintain order and security in the courtroom. The bailiff is also
my representative to the jury. Anything you need or any problems
that come up for you during the course of the trial should be
brought to them. However, the bailiff cannot answer any of your
questions about the case. Only I can do that.
Jury: Last, but not least, is the jury, which we will begin to
select in a few moments from among all of you. The jury’s job will be
to decide what the facts are and what the facts mean. Jurors
should be as neutral as possible at this point and have no fixed
opinion about the lawsuit.
In order to have a fair and lawful trial, there are rules that all
jurors must follow. A basic rule is that jurors must decide the case
only on the evidence presented in the courtroom. You must not
communicate with anyone, including friends and family members,
about this case, the people and places involved, or your jury
service. You must not disclose your thoughts about this case or ask
for advice on how to decide this case.
I want to stress that this rule means you must not use
electronic devices or computers to communicate about this case,
including tweeting, texting, blogging, e-mailing, posting information
on a website or chat room, or any other means at all. Do not send
or accept any messages to or from anyone about this case or your
jury service.
You must not do any research or look up words, names, or
anything else that may have anything to do with this case. This
includes reading newspapers, watching television or using a
computer, cell phone, the Internet, any electronic device, or any
other means at all, to get information related to this case or the
people and places involved in this case. This applies whether you
are in the courthouse, at home, or anywhere else.
Many of you may have cell phones, tablets, laptops, or other
electronic devices with you here in the courtroom.
**The trial judge should select one of the following two
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alternative instructions explaining the rules governing jurors
use of electronic devices, as explained in Note on Use 1.
Alternative A: [All cell phones, computers, tablets, or other
types of electronic devices must be turned off while you are in the
courtroom. Turned off means that the phone or other electronic
device is actually off and not in a silent or vibrating mode. You may
use these devices during recesses, but even then you may not use
your cell phone or electronic device to find out any information
about the case or communicate with anyone about the case or the
people involved in the case. Do not take photographs, video
recordings, or audio recordings of the proceedings or of your fellow
jurors. After each recess, please double check to make sure your
cell phone or electronic device is turned off. At the end of the case,
while you are deliberating, you must not communicate with anyone
outside the jury room. You cannot have in the jury room any cell
phones, computers, or other electronic devices. If someone needs to
contact you in an emergency, the court can receive messages and
deliver them to you without delay. A contact phone number will be
provided to you.]
Alternative B: [You cannot have any cell phones, tablets,
laptops, or other electronic devices in the courtroom. You may use
these devices during recesses, but even then you may not use your
cell phone or electronic device to find out any information about the
case or communicate with anyone about the case or the people
involved in the case. Do not take photographs, video recordings, or
audio recordings of the proceedings or your fellow jurors. At the end
of the case, while you are deliberating, you must not communicate
with anyone outside the jury room. If someone needs to contact
you in an emergency, the court can receive messages and deliver
them to you without delay. A contact phone number will be
provided to you.]
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What are the reasons for these rules? These rules are imposed
because jurors must decide the case without distraction and only
on the evidence presented in the courtroom. If you investigate,
research, or make inquiries on your own outside of the courtroom,
the trial judge has no way to make sure that the information you
obtain is proper for the case. The parties likewise have no
opportunity to dispute or challenge the accuracy of what you find.
That is contrary to our judicial system, which assures every party
the right to ask questions about and challenge the evidence being
considered against it and to present argument with respect to that
evidence. Any independent investigation by a juror unfairly and
improperly prevents the parties from having that opportunity our
judicial system promises.
Any juror who violates these restrictions jeopardizes the
fairness of these proceedings, and a mistrial could result that would
require the entire trial process to start over. A mistrial is a
tremendous expense and inconvenience to the parties, the court,
and the taxpayers. If you violate these rules, you may be held in
contempt of court, and face sanctions, such as serving time in jail,
paying a fine or both.
All of your communications with courtroom personnel, or me,
will be part of the record of these proceedings. That means those
communications shall either be made in open court with the court
reporter present or, if they are in writing, the writing will be filed
with the court clerk. This means, if you are outside the courtroom,
any communication with me must be in writing, unsigned, and
handed directly to the bailiff. Do not share the content of the
writing with anyone, including other jurors. I have instructed the
courtroom personnel that any communications you have with them
outside of my presence must be reported to me, and I will tell the
parties and their attorneys about any communication from you that
I believe may be of interest to them.
However, you may communicate directly with courtroom
personnel about matters concerning your comfort and safety, such
as juror parking, location of break areas, how and when to
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assemble for duty, dress, what personal items can be brought into
the courthouse or jury room, etc.
If you become aware of any violation of these instructions or
any other instruction I give in this case, you must tell me by giving
a note to the bailiff.
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201.3 EXPLANATION OF THE VOIR DIRE PROCESS
The last thing I want to do, before we begin to select the jury,
is to explain to you how the selection process works.
Questions/Challenges: This is the part of the case where the
parties and their lawyers have the opportunity to get to know a little
bit about you, in order to help them come to their own conclusions
about your ability to be fair and impartial, so they can decide who
they think should be the jurors in this case.
How we go about that is as follows: First, I’ll ask some general
questions of you. Then, each of the lawyers will have more specific
questions that they will ask of you. After they have asked all of their
questions, I will meet with them and they will tell me their choices
for jurors. Each side can ask that I exclude a person from serving
on a jury if they can give me a reason to believe that he or she
might be unable to be fair and impartial. That is what is called a
challenge for cause. The lawyers also have a certain number of what
are called peremptory challenges, by which they may exclude a
person from the jury without giving a reason. By this process of
elimination, the remaining persons are selected as the jury. It may
take more than one conference among the parties, their attorneys,
and me before the final selections are made.
Purpose of Questioning: The questions that you will be asked
during this process are not intended to embarrass you or
unnecessarily pry into your personal affairs, but it is important that
the parties and their attorneys know enough about you to make
this important decision. If a question is asked that you would prefer
not to answer in front of the whole courtroom, just let me know and
you can come up here and give your answer just in front of the
attorneys and me. If you have a question of either the attorneys or
me, don’t hesitate to let me know.
Response to Questioning: There are no right or wrong answers
to the questions that will be asked of you. The only thing that I ask
is that you answer the questions as frankly and as honestly and as
completely as you can. You [will take] [have taken] an oath to
answer all questions truthfully and completely and you must do so.
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Remaining silent when you have information you should disclose is
a violation of that oath as well. If a juror violates this oath, it not
only may result in having to try the case all over again but also can
result in civil and criminal penalties against a juror personally. So,
again, it is very important that you be as honest and complete with
your answers as you possibly can. If you don’t understand the
question, please raise your hand and ask for an explanation or
clarification.
In the process of selecting the jury, some of the lawyers’
questions may be meant to help them anticipate if your beliefs,
experiences, or attitudes might make it difficult for you to apply the
rules of law. Jurors take an oath to follow the law. After the jury is
chosen and sworn in, I will instruct the jury on the rules they must
follow in deciding this case. It is important for you to remember that
it will not be the jury’s job to decide what the law ought to be
Rather, the jury is to determine what the facts are, then apply the
law to those facts, using the court’s instructions on the rules of law
to apply—which will be fully given to the jury at the appropriate
time.
In sum, this is a process to assist the parties and their
attorneys to select a fair and impartial jury. All of the questions
they ask you are for this purpose. If, for any reason, you do not
think you can be a fair and impartial juror, you must tell us.
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202.1 INTRODUCTION
Administer oath: Do you solemnly swear or affirm that you will
well and truly try this case between the plaintiff and defendants,
and a true verdict render according to the law and evidence so help
you God?
You have now taken an oath to serve as jurors in this trial.
Before we begin, I am going to tell you about the rules of law that
apply to this case and let you know what you can expect as the trial
proceeds.
It is my intention to give you all of the rules of law but it might
be that I will not know for sure all of the law that will apply in this
case until all of the evidence is presented. However, I can anticipate
most of the law and give it to you at the beginning of the trial so
that you will better understand what to be looking for while the
evidence is presented. If I later decide that different or additional
law applies to the case, I will tell you. In any event, at the end of the
evidence I will give you the final instructions on which you must
base your verdict. At that time, you will have a complete written set
of the instructions so you do not have to memorize what I am about
to tell you.
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202.2 EXPLANATION OF THE TRIAL PROCEDURE
Now that you have heard the law, I want to let you know what
you can expect as the trial proceeds.
Opening Statements: In a few moments, the attorneys will
each have a chance to make what are called opening statements. In
an opening statement, an attorney is allowed to give you [his] [her]
views about what the evidence will be in the trial and what you are
likely to see and hear in the testimony.
Evidentiary Phase: After the attorneys’ opening statements the
plaintiffs will bring their witnesses and evidence to you.
Evidence: Evidence is the information that the law allows you
to see or hear in deciding this case. Evidence includes the
testimony of the witnesses, documents, and anything else that I
instruct you to consider.
Witnesses: A witness is a person who takes an oath to tell the
truth and then answers attorneys’ questions for the jury. The
answering of attorneys’ questions by witnesses is called “giving
testimony.” Testimony means statements that are made when
someone has sworn an oath to tell the truth.
The plaintiffs lawyer will normally ask a witness the questions
first. That is called direct examination. Then the defense lawyer
may ask the same witness additional questions about whatever the
witness has testified to. That is called cross-examination. Certain
documents or other evidence may also be shown to you during
direct or cross-examination. After the plaintiffs witnesses have
testified, the defendant will have the opportunity to put witnesses
on the stand and go through the same process. Then the plaintiff's
lawyer gets to do cross-examination. The process is designed to be
fair to both sides.
It is important that you remember that testimony comes from
witnesses. The attorneys do not give testimony and they are not
themselves witnesses.
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Objections: Sometimes the attorneys will disagree about the
rules for trial procedure when a question is asked of a witness.
When that happens, one of the lawyers may make what is called an
“objection.” The rules for a trial can be complicated, and there are
many reasons for attorneys to object. You should simply wait for me
to decide how to proceed. If I say that an objection is “sustained,”
that means the witness may not answer the question. If I say that
the objection is “overruled,” that means the witness may answer the
question.
When there is an objection and I make a decision, you must
not assume from that decision that I have any particular opinion
other than that the rules for conducting a trial are being correctly
followed. If I say a question may not be asked or answered, you
must not try to guess what the answer would have been. That is
against the rules, too.
Side Bar Conferences: Sometimes I will need to speak to the
attorneys about legal elements of the case that are not appropriate
for the jury to hear. The attorneys and I will try to have as few of
these conferences as possible while you are giving us your valuable
time in the courtroom. But, if we do have to have such a conference
during testimony, we will try to hold the conference at the side of
my desk so that we do not have to take a break and ask you to
leave the courtroom.
Recesses: Breaks in an ongoing trial are usually called
“recesses.” During a recess you still have your duties as a juror and
must follow the rules, even while having coffee, at lunch, or at
home.
Instructions Before Closing Arguments: After all the evidence
has been presented to you, I will instruct you in the law that you
must follow. It is important that you remember these instructions
to assist you in evaluating the final attorney presentations, which
come next, and, later, during your deliberations, to help you
correctly sort through the evidence to reach your decision.
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Closing Arguments: The attorneys will then have the
opportunity to make their final presentations to you, which are
called closing arguments.
Final Instructions: After you have heard the closing
arguments, I will instruct you further in the law as well as explain
to you the procedures you must follow to decide the case.
Deliberations: After you hear the final jury instructions, you
will go to the jury room and discuss and decide the questions I have
put on your verdict form. [You will have a copy of the jury
instructions to use during your discussions.] The discussions you
have and the decisions you make are usually called “jury
deliberations.” Your deliberations are absolutely private and neither
I nor anyone else will be with you in the jury room.
Verdict: When you have finished answering the questions, you
will give the verdict form to the bailiff, and we will all return to the
courtroom where your verdict will be read. When that is completed,
you will be released from your assignment as a juror.
What are the rules?
Finally, before we begin the trial, I want to give you just a brief
explanation of rules you must follow as the case proceeds.
Keeping an Open Mind: You must pay close attention to the
testimony and other evidence as it comes into the trial. However,
you must avoid forming any final opinion or telling anyone else your
views on the case until you begin your deliberations. This rule
requires you to keep an open mind until you have heard all of the
evidence and is designed to prevent you from influencing how your
fellow jurors think until they have heard all of the evidence and had
an opportunity to form their own opinions. The time and place for
coming to your final opinions and speaking about them with your
fellow jurors is during deliberations in the jury room, after all of the
evidence has been presented, closing arguments have been made,
and I have instructed you on the law. It is important that you hear
all of the facts and that you hear the law and how to apply it before
you start deciding anything.
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Consider Only the Evidence: It is the things you hear and see
in this courtroom that matter in this trial. The law tells us that a
juror can consider only the testimony and other evidence that all
the other jurors have also heard and seen in the presence of the
judge and the lawyers. Doing anything else is wrong and is against
the law. That means that you must not do any work or investigation
of your own about the case. You must not obtain on your own any
information about the case or about anyone involved in the case,
from any source whatsoever. This includes reading newspapers,
watching television or using a computer, cell phone, the Internet,
any electronic device, or any other means at all, to get information
related to this case or the people and places involved in this case.
This applies whether you are in the courthouse, at home, or
anywhere else. You must not visit places mentioned in the trial or
use the internet to look at maps or pictures to see any place
discussed during trial.
Do not provide any information about this case to anyone,
including friends or family members. Do not let anyone, including
the closest family members, make comments to you or ask
questions about the trial. Jurors must not have discussions of any
sort with friends or family members about the case or the people
and places involved. So, do not let even the closest family members
make comments to you or ask questions about the trial. In this age
of electronic communication, I want to stress again that just as you
must not talk about this case face-to-face, you must not talk about
this case by using an electronic device. You must not use phones,
tablets, computers or other electronic devices to communicate. Do
not send or accept any messages related to this case or your jury
service. Do not discuss this case or ask for advice by any means at
all, including posting information on an Internet website, chat room
or blog.
No Mid-Trial Discussions: When we are in a recess, do not
discuss anything about the trial or the case with each other or with
anyone else. If attorneys approach you, don’t speak with them. The
law says they are to avoid contact with you. If an attorney will not
look at you or speak to you, do not be offended or form a conclusion
about that behavior. The attorney is not supposed to interact with
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jurors outside of the courtroom and is only following the rules. The
attorney is not being impolite. If an attorney or anyone else does try
to speak with you or says something about the case in your
presence, please inform the bailiff immediately.
Only the Jury Decides: Only you get to deliberate and answer
the verdict questions at the end of the trial. I will not intrude into
your deliberations at all. I am required to be neutral. You should
not assume that I prefer one decision over another. You should not
try to guess what my opinion is about any part of the case. It would
be wrong for you to conclude that anything I say or do means that I
am for one side or another in the trial. Discussing and deciding the
facts is your job alone.
Use of Cell Phones and Electronic Devices in the Courtroom
and Jury Room:*
*The trial judge should select one of the following two
2
alternative instructions explaining the rules governing jurors
use of electronic devices, as explained in Note on Use 3.
Alternative A: [All cell phones or other types of electronic
devices must be turned off while you are in the courtroom. Turned
off means that the phone or other electronic device is actually off
and not in a silent or vibrating mode. You may use these devices
during recesses, but even then you may not use your phone or
electronic device to find out any information about the case or
communicate with anyone about the case or the people involved in
the case. Do not take photographs, video recordings or audio
recordings of the proceedings or your fellow jurors. After each
recess, please double check to make sure your device is turned off.
At the end of the case, while you are deliberating, you must not
communicate with anyone outside the jury room. You cannot have
in the jury room any cell phones, computers, or other electronic
devices. If there are breaks in the deliberations, I may allow you to
communicate with your family or friends, but do not communicate
about the case or your deliberations. If someone needs to contact
you in an emergency, the court can receive messages and deliver
them to you without delay. The court’s phone number will be
provided to you.]
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Alternative B: [You cannot have any cell phones, computers, or
other electronic devices in the courtroom. You may use these
devices during recesses, but even then you may not use your phone
or electronic device to find out any information about the case or
communicate with anyone about the case or the people involved in
the case. Do not take photographs, video recordings or audio
recordings of the proceedings or your fellow jurors. At the end of
the case, while you are deliberating, you must not communicate
with anyone outside the jury room. If there are breaks in the
deliberations, I may allow you to communicate with your family or
friends, but do not communicate about the case or your
deliberations. If someone needs to contact you in an emergency,
the court can receive messages and deliver them to you without
delay. The court’s phone number will be provided to you.]
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202.3 NOTE-TAKING BY JURORS
If you would like to take notes during the trial, you may do so.
On the other hand, of course, you are not required to take notes if
you do not want to. That will be left up to you individually.
You will be provided with a note pad and a pen for use if you
wish to take notes. Any notes that you take will be for your personal
use. However, you should not take them with you from the
courtroom. During recesses, the bailiff will take possession of your
notes and will return them to you when we reconvene. After you
have completed your deliberations, the bailiff will collect your notes,
which will be immediately destroyed. No one will ever read your
notes.
If you take notes, do not get so involved in note-taking that
you become distracted from the proceedings. Your notes should be
used only as aids to your memory.
Whether or not you take notes, you should rely on your
memory of the evidence and you should not be unduly influenced
by the notes of other jurors. Notes are not entitled to any greater
weight than each juror’s memory of the evidence.
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202.4 JUROR QUESTIONS
Questions for the court or courtroom personnel:
During the trial, you may have a question about these
proceedings. If so, please write it down and hand it to the bailiff,
who will then hand it to me. I will review your question with the
parties [and their attorneys] before responding.
Questions for witnesses:
You also may have a question you think should be asked of a
witness. If so, there is a way for you to request that I ask the
witness a question. After all the attorneys have completed their
questioning of the witness, you should raise your hand if you have
a question. I will then give you sufficient time to write the question
on a piece of paper, fold it, and give it to the bailiff, who will pass it
to me. Do not put your name on the question, show it to anyone or
discuss it with anyone.
I will then review the question with the attorneys. Under our
law, only certain evidence may be considered by a jury in
determining a verdict. You are bound by the same rules of evidence
that control the attorneys’ questions. If I decide that the question
may not be asked under our rules of evidence, I will tell you.
Otherwise, I will direct the question to the witness. The attorneys
may then ask follow-up questions if they wish. If there are
additional questions from jurors, we will follow the same procedure
again.
By providing this procedure, I do not mean to suggest that you
must or should submit written questions for witnesses. In most
cases, the lawyers will have asked the necessary questions.
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301.2 INSTRUCTION WHEN FIRST ITEM OF DOCUMENTARY,
PHOTOGRAPHIC, OR PHYSICAL
EVIDENCE IS ADMITTED
The (describe item of evidence) has now been received in
evidence. Witnesses may testify about or refer to this or any other
item of evidence during the remainder of the trial. This and all other
items received in evidence will be available to you for examination
during your deliberations at the end of the trial.
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301.3 INSTRUCTION WHEN EVIDENCE
IS FIRST PUBLISHED TO JURORS
The (describe item of evidence) has been received in evidence. It
is being shown to you now to help you understand the testimony of
this witness and other witnesses in the case, as well as the evidence
as a whole. You may examine (describe item of evidence) briefly
now. It will also be available to you for examination during your
deliberations at the end of the trial.
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301.4 INSTRUCTION REGARDING VISUAL OR
DEMONSTRATIVE AIDS
This witness will be using (identify demonstrative or visual
aid(s)) to assist in explaining or illustrating their testimony. The
testimony of the witness is evidence; however, [this] [these] (identify
demonstrative or visual aid(s)) [is] [are] not to be considered as
evidence in the case unless received in evidence, and should not be
used as a substitute for evidence. Only items received in evidence
will be available to you for consideration during your deliberations.
26
301.10 INSTRUCTION BEFORE RECESS
We are about to take a recess. Remember that all of the rules I
have given you apply even when you are outside the courtroom,
such as at recess.
Remember the basic rule: Do not talk to anyone, including
your fellow jurors, friends, family or co-workers about anything
having to do with this trial, except to speak to court staff. This
means no e-mailing, text messaging, tweeting, blogging, or any
other form of communication. You cannot do any research about
the case or look up any information about the case. Remember to
observe during our recess the other rules I gave you. If you become
aware of any violation of any of these rules at all, notify court
personnel of the violation.
After each recess, please double check to make sure that you
do not bring your cell phone or other electronic device into the
courtroom or jury room.
27
301.12 REDACTED DOCUMENTS
When you review the documents admitted into evidence in this
trial, you may see that certain portions of a document have been
blacked out, whited out, or otherwise redacted and removed from
your consideration by the court. You should not speculate as to the
content of the portions that have been redacted, nor should you
consider as part of your deliberation the fact that certain portions
have been removed from your consideration. Rather, you should
consider only those portions that have been admitted into evidence.
28
401.1 INTRODUCTION
Members of the jury, you have now heard and received all of the
evidence in this case. I am now going to tell you about the rules of
law that you must use in reaching your verdict. When I finish
telling you about the rules of law, the attorneys will present their
final arguments and you will then retire to decide your verdict.
29
401.3 GREATER WEIGHT OF THE EVIDENCE
“Greater weight of the evidence” means the more persuasive
and convincing force and effect of the entire evidence in the case.
30
401.4 NEGLIGENCE
Negligence is the failure to use reasonable care, which is the
care that a reasonably careful person would use under like
circumstances. Negligence is doing something that a reasonably
careful person would not do under like circumstances or failing to
do something that a reasonably careful person would do under like
circumstances.
31
401.12 LEGAL CAUSE
Negligence is a legal cause of loss, injury, or damage if it
directly and in natural and continuous sequence produces or con-
tributes substantially to producing such loss, injury, or damage, so
that it can reasonably be said that, but for the negligence, the loss,
injury, or damage would not have occurred.
32
401.21 BURDEN OF PROOF ON MAIN CLAIM
If the greater weight of the evidence does not support Plaintiff,
Norma Scarlett’s claim, your verdict should be for the Defendants.
However, if the greater weight of the evidence supports
Plaintiff, Norma Scarlett’s claim, then your verdict should be for
Norma Scarlett and against Dominick Saletnik and Agnieszk
Saletnik.
33
501.5 OTHER CONTRIBUTING CAUSES OF DAMAGES
If you find that the Defendant, Dominick Saletnik, caused a
bodily injury, and that the injury resulted in an aggravation of an
existing disease or physical defect, you should attempt to decide
what portion of Norma Scarlett’s condition resulted from the
aggravation. If you can make that determination, then you should
award only those damages resulting from the aggravation. However,
if you cannot make that determination, or if it cannot be said that
the condition would have existed apart from the injury, then you
should award damages for the entire condition suffered by Norma
Scarlett.
34
501.7 REDUCTION OF DAMAGES TO PRESENT VALUE
Any amount of damages which you allow for future medical
expenses or should be reduced to its present money value and only
the present money value of these future economic damages should
be included in your verdict.
The present money value of future economic damages is the
sum of money needed now which, together with what that sum will
earn in the future, will compensate Norma Scarlett for these losses
as they are actually experienced in future years.
35
601.1 WEIGHING THE EVIDENCE
In deciding this case, it is your duty as jurors to decide the
issues, and only those issues, that I submit for your determination
at the end of the case and to answer certain questions I will ask you
to answer on a special form, called a special verdict. You must come
to an agreement about what your answers will be. Your agreed-
upon answers to my questions are called your jury verdict.
The evidence in this case consists of the sworn testimony of the
witnesses, all exhibits received in evidence and all facts that were
admitted or agreed to by the parties, and any fact of which the
court has taken judicial notice (explain as necessary).
In reaching your verdict, you must think about and weigh the
testimony and any documents, photographs, or other material that
has been received in evidence. You may also consider any facts that
were admitted or agreed to by the lawyers. Your job is to determine
what the facts are. You may use reason and common sense to reach
conclusions. You may draw reasonable inferences from the
evidence. But you should not guess about things that were not
covered here. And, you must always apply the law as I have
explained it to you.
36
601.2 BELIEVABILITY OF WITNESSES
Let me speak briefly about witnesses. In evaluating the
believability of any witness and the weight you will give the
testimony of any witness, you may properly consider the demeanor
of the witness while testifying; the frankness or lack of frankness of
the witness; the intelligence of the witness; any interest the witness
may have in the outcome of the case; the means and opportunity
the witness had to know the facts about which the witness testified;
the ability of the witness to remember the matters about which the
witness testified; and the reasonableness of the testimony of the
witness, considered in the light of all the evidence in the case and in
the light of your own experience and common sense.
You have heard opinion testimony on certain technical
subjects from persons referred to as expert witnesses. Some of the
testimony before you was in the form of opinions about certain
technical subjects.
You may accept such opinion testimony, reject it, or give it the
weight you think it deserves, considering the knowledge, skill,
experience, training, or education of the witness, the reasons given
by the witness for the opinion expressed, and all the other evidence
in the case.
It is entirely proper for a lawyer to talk to a witness about what
testimony the witness would give if called to the courtroom. The
witness should not be discredited just because the witness talked
with a lawyer about their testimony.
37
601.5 CONCLUDING INSTRUCTION (BEFORE FINAL
ARGUMENT)
That is the law you must follow in deciding this case. The
attorneys for the parties will now present their final arguments.
When they are through, I will have a few final instructions about
your deliberations.
38
SECTION 700 — CLOSING INSTRUCTIONS
Members of the jury, you have now heard all the evidence, my
instructions on the law that you must apply in reaching your
verdict and the closing arguments of the attorneys. You will shortly
retire to the jury room to decide this case. Before you do so, I have a
few last instructions for you.
During deliberations, jurors must communicate about the
case only with one another and only when all jurors are present in
the jury room. You will have in the jury room all of the evidence
that was received during the trial. In reaching your decision, do not
do any research on your own or as a group. Do not use dictionaries,
the Internet, or any other reference materials. Do not investigate the
case or conduct any experiments. Do not visit or view the scene of
any event involved in this case or look at maps or pictures on the
Internet. If you happen to pass by the scene, do not stop or
investigate. All jurors must see or hear the same evidence at the
same time. Do not read, listen to, or watch any news accounts of
this trial.
You are not to communicate with any person outside the jury
about this case. Until you have reached a verdict, you must not talk
about this case in person or through the telephone, writing, or
electronic communication, such as a blog, twitter, e-mail, text
message, or any other means. Do not contact anyone to assist you,
such as a family accountant, doctor, or lawyer. These
communications rules apply until I discharge you at the end of the
case.
If you become aware of any violation of these instructions or
any other instruction I have given in this case, you must tell me by
giving a note to the bailiff.
Any notes you have taken during the trial may be taken to the
jury room for use during your discussions. Your notes are simply
an aid to your own memory, and neither your notes nor those of
any other juror are binding or conclusive. Your notes are not a
substitute for your own memory or that of other jurors. Instead,
your verdict must result from the collective memory and judgment
39
of all jurors based on the evidence and testimony presented during
the trial.
At the conclusion of the trial, the bailiff will collect your notes,
which will be immediately destroyed. No one will ever read your
notes.
In reaching your verdict, do not let bias, sympathy, prejudice,
public opinion, or any other sentiment for or against any party
influence your decision. Your verdict must be based on the evidence
that has been received and the law on which I have instructed you.
Reaching a verdict is exclusively your job. I cannot participate
in that decision in any way and you should not guess what I think
your verdict should be from something I may have said or done.
You should not think that I prefer one verdict over another.
Therefore, in reaching your verdict, you should not consider
anything that I have said or done, except for my specific
instructions to you.
Pay careful attention to all the instructions that I gave you, for
that is the law that you must follow. You will have a copy of my
instructions with you when you go to the jury room to deliberate.
All the instructions are important, and you must consider all of
them together. There are no other laws that apply to this case, and
even if you do not agree with these laws, you must use them in
reaching your decision in this case.
When you go to the jury room, the first thing you should do is
choose a presiding juror to act as a foreperson during your
deliberations. The foreperson should see to it that your discussions
are orderly and that everyone has a fair chance to be heard.
It is your duty to talk with one another in the jury room and to
consider the views of all the jurors. Each of you must decide the
case for yourself, but only after you have considered the evidence
with the other members of the jury. Feel free to change your mind if
you are convinced that your position should be different. You
should all try to agree. But do not give up your honest beliefs just
40
because the others think differently. Keep an open mind so that you
and your fellow jurors can easily share ideas about the case.
I will give you a verdict form with questions you must answer.
I have already instructed you on the law that you are to use in
answering these questions. You must follow my instructions and
the form carefully. You must consider each question separately.
Please answer the questions in the order they appear. After you
answer a question, the form tells you what to do next. I will now
read the form to you: (read form of verdict)]
Your verdict must be unanimous, that is, your verdict must be
agreed to by each of you. When you have agreed on your verdict,
your foreperson must write the date and sign it at the bottom and
return the verdict to the bailiff.
If any of you need to communicate with me for any reason,
write me a note and give it to the bailiff. In your note, do not
disclose any vote or split.
You may now retire to decide your verdict(s].
41
801.1 JUROR QUESTIONS DURING DELIBERATIONS
Members of the jury, I have discussed your [note] [question] with
the attorneys. You have [asked the following question] [made the
following request]:
(read juror’s note):
If I have not read your [note] [question] correctly, please raise
your hand.
(clarify question as needed):
1 The answer is:
(respond to question):
OR
2 I am not able to [answer] [respond to] this [question]
[request] because it [calls for information that is not in
evidence] [is not proper to be considered in this case] [(other
reason why question or request is improper)]. Your decision
must be based only on the evidence presented in the trial and
the law that I have given you. [If you have any other specific
questions, please send another note, and I will see if I can
answer it.] [(other appropriate response)].
42
801.3 JURY DEADLOCKED
Members of the jury, we understand you are having difficulty
reaching a verdict. This case is important to the parties, and we
appreciate your efforts. But I am going to ask you to go back to try
again to reach a verdict if you reasonably can.
Please carefully consider the vie
Preview
Filing # 149584418 E-Filed 05/13/2022 04:47:05 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL LAW DIVISION NORMA SCARLETT, Plaintiff, Case No.: 20001166CA Vv. DOMINICK SALETNIK, and AGNIESZK SALETNIK. Defendants. / PLAINTIFF’S NOTICE OF FILING THOSE JURY INSTRUCTIONS AGREED; THOSE REQUESTED BY PLAINTIFF BUT NOT AGREED, AND PLAINTIFF’S PROPOSED VERDICT FORM Plaintiff, NORMA SCARLETT, by and through the undersigned attorney, hereby gives notice of filing of the following: I Portion of Jury Instructions Agreed by all parties; IL. Proposed Jury Instructions Requested by Plaintiff, but not agreed; Til. Plaintiff's proposed verdict form (not agreed.) CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 13'" day of May , 2022, a true copy of the foregoing has been furnished to the Clerk of Circuit Court, Charlotte County via www.myflcourtaccess.com pursuant to Florida Supreme Court SC 11-399 and was electronically served via the e-filing portal to Defendant AGNIESZK SALETNIK and DOMINICK SALETNIK, through their attorneys, Kristie A. Ducharme, Esq. and Paul A. Bernardini, Jr., Esq. of The Law Offices of Roush & Bernardini, 1901 Ulmerton Road, Suite 785, Clearwater, FL 33762, kducharme@mercuryinsurance.com; PBernardinil @MercuryInsurance.com and jigriffin@mercuryinsurance.com. /s/ Ryan Jeffrey Hittel Derek A. Reams Florida Bar No. 557137 Carolay Vargas Florida Bar No. 1000411 Ryan Jeffrey Hittel Florida Bar No. 123566 Leonard A. McCue, P.A. 524 - 9th Street West Bradenton, Florida 34205 (941) 748-1358 Service Email Address: Qlawservice@QLaw.com Attorneys for Plaintiff 6402 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL LAW DIVISION NORMA SCARLETT, Plaintiff, Case No.: 20001166CA Vv. DOMINICK SALETNIK, and AGNIESZK SALETNIK. Defendants. I AGREED JURY INSTRUCTIONS 101.1 OATH OF JURORS BEFORE VOIR DIRE Do you solemnly swear or affirm that you will answer truthfully all questions asked of you as prospective jurors so help you God? 101.2 OATH OF JUROR AFTER VOIR DIRE Do you solemnly swear or affirm that you will well and truly try this case between the plaintiff and defendants, and a true verdict render according to the law and evidence so help you God? 101.3 OATH OF A WITNESS Do you solemnly swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth so help you God? 201.1 DESCRIPTION OF THE CASE (Prior to Voir Dire) Welcome. The clerk will now administer your oath. Now that you have been sworn, I’d like to give you an idea about what we are here to do. This is a civil trial. A civil trial is different from a criminal case, where a defendant is charged by the state prosecutor with committing a crime. The subject of a civil trial is a disagreement between people or companies, where the claims of one or more of these parties have been brought to court to be resolved. It is called “a trial of a lawsuit.” This is a case about a motor vehicle collision. The Plaintiff, Norma Scarlett, was stopped at a red light and was rear-ended by a vehicle driven by Defendant Dominick Saletnik and owned by Defendant Agnieszk Saletnik. Plaintiff alleges that she was injured. The Defendants admit that Dominick Saletnik was negligent and caused the collision, but deny that the accident resulted in any loss, injury, or damage to the Plaintiff. The incident involved in this case occurred on March 18, 2019 at the area Tamiami Trail and West Tarpon Boulevard NW here in Charlotte County. The principal witnesses who may testify in this case are: The parties: Norma Scarlett, Dominick Saletnik, and Agnieszk Saletnik; And several doctors: Dr. Brian Chivas James, Dr. Lilla Shkolnikov, Dr. Mark Lonstein, and Dr. Michael Foley. 201.2 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES Who are the people here and what do they do? Judge/Court: Iam the Judge. You may hear people occasionally refer to me as “The Court.” That is the formal name for my role. My job is to maintain order and decide how to apply the rules of the law to the trial. I will also explain various rules to you that you will need to know in order to do your job as the jury. It is my job to remain neutral on the issues of this lawsuit. Parties: A party who files a lawsuit is called the Plaintiff. A party that is sued is called the Defendant. Attorneys: The attorneys have the job of representing their clients. That means they speak for their client here at the trial. They have taken oaths as attorneys to do their best and to follow the rules for their profession. Plaintiffs Counsel: The attorneys on this side of the courtroom, Ryan Hittel and Carolay Vargas, represent the Plaintiff Norma Scarlett, who is the person who filed the lawsuit here at the courthouse. Their job is to present their client’s side of things to you. They and their client will be referred to most of the time as “the plaintiff.” Mr. Hittel, will you please introduce who is sitting at the table with you? Defendant’s Counsel: The attorneys on this side of the courtroom, Kristie Ducharme and Paul Bernardino, represent Dominick Saletnik and Agnieszk Saletnik, the ones who have been sued. Their job is to present their clients’ sides of things to you. They and their clients will usually be referred to here as “the defendants.” Mrs. Ducharme, will you please introduce who is sitting at the table with you? Court Clerk: This person sitting in front of me, (name), is the court clerk. They are here to assist me with some of the mechanics of the trial process, including the numbering and collection of the exhibits that are introduced in the course of the trial. Court Reporter: The person sitting at the stenographic machine, (name), is the court reporter. Their job is to keep an accurate legal record of everything we say and do during this trial. Bailiff: The person over there, (name), is the bailiff. Their job is to maintain order and security in the courtroom. The bailiff is also my representative to the jury. Anything you need or any problems that come up for you during the course of the trial should be brought to them. However, the bailiff cannot answer any of your questions about the case. Only I can do that. Jury: Last, but not least, is the jury, which we will begin to select in a few moments from among all of you. The jury’s job will be to decide what the facts are and what the facts mean. Jurors should be as neutral as possible at this point and have no fixed opinion about the lawsuit. In order to have a fair and lawful trial, there are rules that all jurors must follow. A basic rule is that jurors must decide the case only on the evidence presented in the courtroom. You must not communicate with anyone, including friends and family members, about this case, the people and places involved, or your jury service. You must not disclose your thoughts about this case or ask for advice on how to decide this case. I want to stress that this rule means you must not use electronic devices or computers to communicate about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages to or from anyone about this case or your jury service. You must not do any research or look up words, names, or anything else that may have anything to do with this case. This includes reading newspapers, watching television or using a computer, cell phone, the Internet, any electronic device, or any other means at all, to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else. Many of you may have cell phones, tablets, laptops, or other electronic devices with you here in the courtroom. **The trial judge should select one of the following two 2 alternative instructions explaining the rules governing jurors use of electronic devices, as explained in Note on Use 1. Alternative A: [All cell phones, computers, tablets, or other types of electronic devices must be turned off while you are in the courtroom. Turned off means that the phone or other electronic device is actually off and not in a silent or vibrating mode. You may use these devices during recesses, but even then you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings, or audio recordings of the proceedings or of your fellow jurors. After each recess, please double check to make sure your cell phone or electronic device is turned off. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, computers, or other electronic devices. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number will be provided to you.] Alternative B: [You cannot have any cell phones, tablets, laptops, or other electronic devices in the courtroom. You may use these devices during recesses, but even then you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings, or audio recordings of the proceedings or your fellow jurors. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number will be provided to you.] 10 What are the reasons for these rules? These rules are imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom. If you investigate, research, or make inquiries on your own outside of the courtroom, the trial judge has no way to make sure that the information you obtain is proper for the case. The parties likewise have no opportunity to dispute or challenge the accuracy of what you find. That is contrary to our judicial system, which assures every party the right to ask questions about and challenge the evidence being considered against it and to present argument with respect to that evidence. Any independent investigation by a juror unfairly and improperly prevents the parties from having that opportunity our judicial system promises. Any juror who violates these restrictions jeopardizes the fairness of these proceedings, and a mistrial could result that would require the entire trial process to start over. A mistrial is a tremendous expense and inconvenience to the parties, the court, and the taxpayers. If you violate these rules, you may be held in contempt of court, and face sanctions, such as serving time in jail, paying a fine or both. All of your communications with courtroom personnel, or me, will be part of the record of these proceedings. That means those communications shall either be made in open court with the court reporter present or, if they are in writing, the writing will be filed with the court clerk. This means, if you are outside the courtroom, any communication with me must be in writing, unsigned, and handed directly to the bailiff. Do not share the content of the writing with anyone, including other jurors. I have instructed the courtroom personnel that any communications you have with them outside of my presence must be reported to me, and I will tell the parties and their attorneys about any communication from you that I believe may be of interest to them. However, you may communicate directly with courtroom personnel about matters concerning your comfort and safety, such as juror parking, location of break areas, how and when to 11 assemble for duty, dress, what personal items can be brought into the courthouse or jury room, etc. If you become aware of any violation of these instructions or any other instruction I give in this case, you must tell me by giving a note to the bailiff. 12 201.3 EXPLANATION OF THE VOIR DIRE PROCESS The last thing I want to do, before we begin to select the jury, is to explain to you how the selection process works. Questions/Challenges: This is the part of the case where the parties and their lawyers have the opportunity to get to know a little bit about you, in order to help them come to their own conclusions about your ability to be fair and impartial, so they can decide who they think should be the jurors in this case. How we go about that is as follows: First, I’ll ask some general questions of you. Then, each of the lawyers will have more specific questions that they will ask of you. After they have asked all of their questions, I will meet with them and they will tell me their choices for jurors. Each side can ask that I exclude a person from serving on a jury if they can give me a reason to believe that he or she might be unable to be fair and impartial. That is what is called a challenge for cause. The lawyers also have a certain number of what are called peremptory challenges, by which they may exclude a person from the jury without giving a reason. By this process of elimination, the remaining persons are selected as the jury. It may take more than one conference among the parties, their attorneys, and me before the final selections are made. Purpose of Questioning: The questions that you will be asked during this process are not intended to embarrass you or unnecessarily pry into your personal affairs, but it is important that the parties and their attorneys know enough about you to make this important decision. If a question is asked that you would prefer not to answer in front of the whole courtroom, just let me know and you can come up here and give your answer just in front of the attorneys and me. If you have a question of either the attorneys or me, don’t hesitate to let me know. Response to Questioning: There are no right or wrong answers to the questions that will be asked of you. The only thing that I ask is that you answer the questions as frankly and as honestly and as completely as you can. You [will take] [have taken] an oath to answer all questions truthfully and completely and you must do so. 13 Remaining silent when you have information you should disclose is a violation of that oath as well. If a juror violates this oath, it not only may result in having to try the case all over again but also can result in civil and criminal penalties against a juror personally. So, again, it is very important that you be as honest and complete with your answers as you possibly can. If you don’t understand the question, please raise your hand and ask for an explanation or clarification. In the process of selecting the jury, some of the lawyers’ questions may be meant to help them anticipate if your beliefs, experiences, or attitudes might make it difficult for you to apply the rules of law. Jurors take an oath to follow the law. After the jury is chosen and sworn in, I will instruct the jury on the rules they must follow in deciding this case. It is important for you to remember that it will not be the jury’s job to decide what the law ought to be Rather, the jury is to determine what the facts are, then apply the law to those facts, using the court’s instructions on the rules of law to apply—which will be fully given to the jury at the appropriate time. In sum, this is a process to assist the parties and their attorneys to select a fair and impartial jury. All of the questions they ask you are for this purpose. If, for any reason, you do not think you can be a fair and impartial juror, you must tell us. 14 202.1 INTRODUCTION Administer oath: Do you solemnly swear or affirm that you will well and truly try this case between the plaintiff and defendants, and a true verdict render according to the law and evidence so help you God? You have now taken an oath to serve as jurors in this trial. Before we begin, I am going to tell you about the rules of law that apply to this case and let you know what you can expect as the trial proceeds. It is my intention to give you all of the rules of law but it might be that I will not know for sure all of the law that will apply in this case until all of the evidence is presented. However, I can anticipate most of the law and give it to you at the beginning of the trial so that you will better understand what to be looking for while the evidence is presented. If I later decide that different or additional law applies to the case, I will tell you. In any event, at the end of the evidence I will give you the final instructions on which you must base your verdict. At that time, you will have a complete written set of the instructions so you do not have to memorize what I am about to tell you. 15 202.2 EXPLANATION OF THE TRIAL PROCEDURE Now that you have heard the law, I want to let you know what you can expect as the trial proceeds. Opening Statements: In a few moments, the attorneys will each have a chance to make what are called opening statements. In an opening statement, an attorney is allowed to give you [his] [her] views about what the evidence will be in the trial and what you are likely to see and hear in the testimony. Evidentiary Phase: After the attorneys’ opening statements the plaintiffs will bring their witnesses and evidence to you. Evidence: Evidence is the information that the law allows you to see or hear in deciding this case. Evidence includes the testimony of the witnesses, documents, and anything else that I instruct you to consider. Witnesses: A witness is a person who takes an oath to tell the truth and then answers attorneys’ questions for the jury. The answering of attorneys’ questions by witnesses is called “giving testimony.” Testimony means statements that are made when someone has sworn an oath to tell the truth. The plaintiffs lawyer will normally ask a witness the questions first. That is called direct examination. Then the defense lawyer may ask the same witness additional questions about whatever the witness has testified to. That is called cross-examination. Certain documents or other evidence may also be shown to you during direct or cross-examination. After the plaintiffs witnesses have testified, the defendant will have the opportunity to put witnesses on the stand and go through the same process. Then the plaintiff's lawyer gets to do cross-examination. The process is designed to be fair to both sides. It is important that you remember that testimony comes from witnesses. The attorneys do not give testimony and they are not themselves witnesses. 16 Objections: Sometimes the attorneys will disagree about the rules for trial procedure when a question is asked of a witness. When that happens, one of the lawyers may make what is called an “objection.” The rules for a trial can be complicated, and there are many reasons for attorneys to object. You should simply wait for me to decide how to proceed. If I say that an objection is “sustained,” that means the witness may not answer the question. If I say that the objection is “overruled,” that means the witness may answer the question. When there is an objection and I make a decision, you must not assume from that decision that I have any particular opinion other than that the rules for conducting a trial are being correctly followed. If I say a question may not be asked or answered, you must not try to guess what the answer would have been. That is against the rules, too. Side Bar Conferences: Sometimes I will need to speak to the attorneys about legal elements of the case that are not appropriate for the jury to hear. The attorneys and I will try to have as few of these conferences as possible while you are giving us your valuable time in the courtroom. But, if we do have to have such a conference during testimony, we will try to hold the conference at the side of my desk so that we do not have to take a break and ask you to leave the courtroom. Recesses: Breaks in an ongoing trial are usually called “recesses.” During a recess you still have your duties as a juror and must follow the rules, even while having coffee, at lunch, or at home. Instructions Before Closing Arguments: After all the evidence has been presented to you, I will instruct you in the law that you must follow. It is important that you remember these instructions to assist you in evaluating the final attorney presentations, which come next, and, later, during your deliberations, to help you correctly sort through the evidence to reach your decision. 17 Closing Arguments: The attorneys will then have the opportunity to make their final presentations to you, which are called closing arguments. Final Instructions: After you have heard the closing arguments, I will instruct you further in the law as well as explain to you the procedures you must follow to decide the case. Deliberations: After you hear the final jury instructions, you will go to the jury room and discuss and decide the questions I have put on your verdict form. [You will have a copy of the jury instructions to use during your discussions.] The discussions you have and the decisions you make are usually called “jury deliberations.” Your deliberations are absolutely private and neither I nor anyone else will be with you in the jury room. Verdict: When you have finished answering the questions, you will give the verdict form to the bailiff, and we will all return to the courtroom where your verdict will be read. When that is completed, you will be released from your assignment as a juror. What are the rules? Finally, before we begin the trial, I want to give you just a brief explanation of rules you must follow as the case proceeds. Keeping an Open Mind: You must pay close attention to the testimony and other evidence as it comes into the trial. However, you must avoid forming any final opinion or telling anyone else your views on the case until you begin your deliberations. This rule requires you to keep an open mind until you have heard all of the evidence and is designed to prevent you from influencing how your fellow jurors think until they have heard all of the evidence and had an opportunity to form their own opinions. The time and place for coming to your final opinions and speaking about them with your fellow jurors is during deliberations in the jury room, after all of the evidence has been presented, closing arguments have been made, and I have instructed you on the law. It is important that you hear all of the facts and that you hear the law and how to apply it before you start deciding anything. 18 Consider Only the Evidence: It is the things you hear and see in this courtroom that matter in this trial. The law tells us that a juror can consider only the testimony and other evidence that all the other jurors have also heard and seen in the presence of the judge and the lawyers. Doing anything else is wrong and is against the law. That means that you must not do any work or investigation of your own about the case. You must not obtain on your own any information about the case or about anyone involved in the case, from any source whatsoever. This includes reading newspapers, watching television or using a computer, cell phone, the Internet, any electronic device, or any other means at all, to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else. You must not visit places mentioned in the trial or use the internet to look at maps or pictures to see any place discussed during trial. Do not provide any information about this case to anyone, including friends or family members. Do not let anyone, including the closest family members, make comments to you or ask questions about the trial. Jurors must not have discussions of any sort with friends or family members about the case or the people and places involved. So, do not let even the closest family members make comments to you or ask questions about the trial. In this age of electronic communication, I want to stress again that just as you must not talk about this case face-to-face, you must not talk about this case by using an electronic device. You must not use phones, tablets, computers or other electronic devices to communicate. Do not send or accept any messages related to this case or your jury service. Do not discuss this case or ask for advice by any means at all, including posting information on an Internet website, chat room or blog. No Mid-Trial Discussions: When we are in a recess, do not discuss anything about the trial or the case with each other or with anyone else. If attorneys approach you, don’t speak with them. The law says they are to avoid contact with you. If an attorney will not look at you or speak to you, do not be offended or form a conclusion about that behavior. The attorney is not supposed to interact with 19 jurors outside of the courtroom and is only following the rules. The attorney is not being impolite. If an attorney or anyone else does try to speak with you or says something about the case in your presence, please inform the bailiff immediately. Only the Jury Decides: Only you get to deliberate and answer the verdict questions at the end of the trial. I will not intrude into your deliberations at all. I am required to be neutral. You should not assume that I prefer one decision over another. You should not try to guess what my opinion is about any part of the case. It would be wrong for you to conclude that anything I say or do means that I am for one side or another in the trial. Discussing and deciding the facts is your job alone. Use of Cell Phones and Electronic Devices in the Courtroom and Jury Room:* *The trial judge should select one of the following two 2 alternative instructions explaining the rules governing jurors use of electronic devices, as explained in Note on Use 3. Alternative A: [All cell phones or other types of electronic devices must be turned off while you are in the courtroom. Turned off means that the phone or other electronic device is actually off and not in a silent or vibrating mode. You may use these devices during recesses, but even then you may not use your phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or your fellow jurors. After each recess, please double check to make sure your device is turned off. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, computers, or other electronic devices. If there are breaks in the deliberations, I may allow you to communicate with your family or friends, but do not communicate about the case or your deliberations. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. The court’s phone number will be provided to you.] 20 Alternative B: [You cannot have any cell phones, computers, or other electronic devices in the courtroom. You may use these devices during recesses, but even then you may not use your phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or your fellow jurors. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. If there are breaks in the deliberations, I may allow you to communicate with your family or friends, but do not communicate about the case or your deliberations. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. The court’s phone number will be provided to you.] 21 202.3 NOTE-TAKING BY JURORS If you would like to take notes during the trial, you may do so. On the other hand, of course, you are not required to take notes if you do not want to. That will be left up to you individually. You will be provided with a note pad and a pen for use if you wish to take notes. Any notes that you take will be for your personal use. However, you should not take them with you from the courtroom. During recesses, the bailiff will take possession of your notes and will return them to you when we reconvene. After you have completed your deliberations, the bailiff will collect your notes, which will be immediately destroyed. No one will ever read your notes. If you take notes, do not get so involved in note-taking that you become distracted from the proceedings. Your notes should be used only as aids to your memory. Whether or not you take notes, you should rely on your memory of the evidence and you should not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than each juror’s memory of the evidence. 22 202.4 JUROR QUESTIONS Questions for the court or courtroom personnel: During the trial, you may have a question about these proceedings. If so, please write it down and hand it to the bailiff, who will then hand it to me. I will review your question with the parties [and their attorneys] before responding. Questions for witnesses: You also may have a question you think should be asked of a witness. If so, there is a way for you to request that I ask the witness a question. After all the attorneys have completed their questioning of the witness, you should raise your hand if you have a question. I will then give you sufficient time to write the question on a piece of paper, fold it, and give it to the bailiff, who will pass it to me. Do not put your name on the question, show it to anyone or discuss it with anyone. I will then review the question with the attorneys. Under our law, only certain evidence may be considered by a jury in determining a verdict. You are bound by the same rules of evidence that control the attorneys’ questions. If I decide that the question may not be asked under our rules of evidence, I will tell you. Otherwise, I will direct the question to the witness. The attorneys may then ask follow-up questions if they wish. If there are additional questions from jurors, we will follow the same procedure again. By providing this procedure, I do not mean to suggest that you must or should submit written questions for witnesses. In most cases, the lawyers will have asked the necessary questions. 23 301.2 INSTRUCTION WHEN FIRST ITEM OF DOCUMENTARY, PHOTOGRAPHIC, OR PHYSICAL EVIDENCE IS ADMITTED The (describe item of evidence) has now been received in evidence. Witnesses may testify about or refer to this or any other item of evidence during the remainder of the trial. This and all other items received in evidence will be available to you for examination during your deliberations at the end of the trial. 24 301.3 INSTRUCTION WHEN EVIDENCE IS FIRST PUBLISHED TO JURORS The (describe item of evidence) has been received in evidence. It is being shown to you now to help you understand the testimony of this witness and other witnesses in the case, as well as the evidence as a whole. You may examine (describe item of evidence) briefly now. It will also be available to you for examination during your deliberations at the end of the trial. 25 301.4 INSTRUCTION REGARDING VISUAL OR DEMONSTRATIVE AIDS This witness will be using (identify demonstrative or visual aid(s)) to assist in explaining or illustrating their testimony. The testimony of the witness is evidence; however, [this] [these] (identify demonstrative or visual aid(s)) [is] [are] not to be considered as evidence in the case unless received in evidence, and should not be used as a substitute for evidence. Only items received in evidence will be available to you for consideration during your deliberations. 26 301.10 INSTRUCTION BEFORE RECESS We are about to take a recess. Remember that all of the rules I have given you apply even when you are outside the courtroom, such as at recess. Remember the basic rule: Do not talk to anyone, including your fellow jurors, friends, family or co-workers about anything having to do with this trial, except to speak to court staff. This means no e-mailing, text messaging, tweeting, blogging, or any other form of communication. You cannot do any research about the case or look up any information about the case. Remember to observe during our recess the other rules I gave you. If you become aware of any violation of any of these rules at all, notify court personnel of the violation. After each recess, please double check to make sure that you do not bring your cell phone or other electronic device into the courtroom or jury room. 27 301.12 REDACTED DOCUMENTS When you review the documents admitted into evidence in this trial, you may see that certain portions of a document have been blacked out, whited out, or otherwise redacted and removed from your consideration by the court. You should not speculate as to the content of the portions that have been redacted, nor should you consider as part of your deliberation the fact that certain portions have been removed from your consideration. Rather, you should consider only those portions that have been admitted into evidence. 28 401.1 INTRODUCTION Members of the jury, you have now heard and received all of the evidence in this case. I am now going to tell you about the rules of law that you must use in reaching your verdict. When I finish telling you about the rules of law, the attorneys will present their final arguments and you will then retire to decide your verdict. 29 401.3 GREATER WEIGHT OF THE EVIDENCE “Greater weight of the evidence” means the more persuasive and convincing force and effect of the entire evidence in the case. 30 401.4 NEGLIGENCE Negligence is the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances. 31 401.12 LEGAL CAUSE Negligence is a legal cause of loss, injury, or damage if it directly and in natural and continuous sequence produces or con- tributes substantially to producing such loss, injury, or damage, so that it can reasonably be said that, but for the negligence, the loss, injury, or damage would not have occurred. 32 401.21 BURDEN OF PROOF ON MAIN CLAIM If the greater weight of the evidence does not support Plaintiff, Norma Scarlett’s claim, your verdict should be for the Defendants. However, if the greater weight of the evidence supports Plaintiff, Norma Scarlett’s claim, then your verdict should be for Norma Scarlett and against Dominick Saletnik and Agnieszk Saletnik. 33 501.5 OTHER CONTRIBUTING CAUSES OF DAMAGES If you find that the Defendant, Dominick Saletnik, caused a bodily injury, and that the injury resulted in an aggravation of an existing disease or physical defect, you should attempt to decide what portion of Norma Scarlett’s condition resulted from the aggravation. If you can make that determination, then you should award only those damages resulting from the aggravation. However, if you cannot make that determination, or if it cannot be said that the condition would have existed apart from the injury, then you should award damages for the entire condition suffered by Norma Scarlett. 34 501.7 REDUCTION OF DAMAGES TO PRESENT VALUE Any amount of damages which you allow for future medical expenses or should be reduced to its present money value and only the present money value of these future economic damages should be included in your verdict. The present money value of future economic damages is the sum of money needed now which, together with what that sum will earn in the future, will compensate Norma Scarlett for these losses as they are actually experienced in future years. 35 601.1 WEIGHING THE EVIDENCE In deciding this case, it is your duty as jurors to decide the issues, and only those issues, that I submit for your determination at the end of the case and to answer certain questions I will ask you to answer on a special form, called a special verdict. You must come to an agreement about what your answers will be. Your agreed- upon answers to my questions are called your jury verdict. The evidence in this case consists of the sworn testimony of the witnesses, all exhibits received in evidence and all facts that were admitted or agreed to by the parties, and any fact of which the court has taken judicial notice (explain as necessary). In reaching your verdict, you must think about and weigh the testimony and any documents, photographs, or other material that has been received in evidence. You may also consider any facts that were admitted or agreed to by the lawyers. Your job is to determine what the facts are. You may use reason and common sense to reach conclusions. You may draw reasonable inferences from the evidence. But you should not guess about things that were not covered here. And, you must always apply the law as I have explained it to you. 36 601.2 BELIEVABILITY OF WITNESSES Let me speak briefly about witnesses. In evaluating the believability of any witness and the weight you will give the testimony of any witness, you may properly consider the demeanor of the witness while testifying; the frankness or lack of frankness of the witness; the intelligence of the witness; any interest the witness may have in the outcome of the case; the means and opportunity the witness had to know the facts about which the witness testified; the ability of the witness to remember the matters about which the witness testified; and the reasonableness of the testimony of the witness, considered in the light of all the evidence in the case and in the light of your own experience and common sense. You have heard opinion testimony on certain technical subjects from persons referred to as expert witnesses. Some of the testimony before you was in the form of opinions about certain technical subjects. You may accept such opinion testimony, reject it, or give it the weight you think it deserves, considering the knowledge, skill, experience, training, or education of the witness, the reasons given by the witness for the opinion expressed, and all the other evidence in the case. It is entirely proper for a lawyer to talk to a witness about what testimony the witness would give if called to the courtroom. The witness should not be discredited just because the witness talked with a lawyer about their testimony. 37 601.5 CONCLUDING INSTRUCTION (BEFORE FINAL ARGUMENT) That is the law you must follow in deciding this case. The attorneys for the parties will now present their final arguments. When they are through, I will have a few final instructions about your deliberations. 38 SECTION 700 — CLOSING INSTRUCTIONS Members of the jury, you have now heard all the evidence, my instructions on the law that you must apply in reaching your verdict and the closing arguments of the attorneys. You will shortly retire to the jury room to decide this case. Before you do so, I have a few last instructions for you. During deliberations, jurors must communicate about the case only with one another and only when all jurors are present in the jury room. You will have in the jury room all of the evidence that was received during the trial. In reaching your decision, do not do any research on your own or as a group. Do not use dictionaries, the Internet, or any other reference materials. Do not investigate the case or conduct any experiments. Do not visit or view the scene of any event involved in this case or look at maps or pictures on the Internet. If you happen to pass by the scene, do not stop or investigate. All jurors must see or hear the same evidence at the same time. Do not read, listen to, or watch any news accounts of this trial. You are not to communicate with any person outside the jury about this case. Until you have reached a verdict, you must not talk about this case in person or through the telephone, writing, or electronic communication, such as a blog, twitter, e-mail, text message, or any other means. Do not contact anyone to assist you, such as a family accountant, doctor, or lawyer. These communications rules apply until I discharge you at the end of the case. If you become aware of any violation of these instructions or any other instruction I have given in this case, you must tell me by giving a note to the bailiff. Any notes you have taken during the trial may be taken to the jury room for use during your discussions. Your notes are simply an aid to your own memory, and neither your notes nor those of any other juror are binding or conclusive. Your notes are not a substitute for your own memory or that of other jurors. Instead, your verdict must result from the collective memory and judgment 39 of all jurors based on the evidence and testimony presented during the trial. At the conclusion of the trial, the bailiff will collect your notes, which will be immediately destroyed. No one will ever read your notes. In reaching your verdict, do not let bias, sympathy, prejudice, public opinion, or any other sentiment for or against any party influence your decision. Your verdict must be based on the evidence that has been received and the law on which I have instructed you. Reaching a verdict is exclusively your job. I cannot participate in that decision in any way and you should not guess what I think your verdict should be from something I may have said or done. You should not think that I prefer one verdict over another. Therefore, in reaching your verdict, you should not consider anything that I have said or done, except for my specific instructions to you. Pay careful attention to all the instructions that I gave you, for that is the law that you must follow. You will have a copy of my instructions with you when you go to the jury room to deliberate. All the instructions are important, and you must consider all of them together. There are no other laws that apply to this case, and even if you do not agree with these laws, you must use them in reaching your decision in this case. When you go to the jury room, the first thing you should do is choose a presiding juror to act as a foreperson during your deliberations. The foreperson should see to it that your discussions are orderly and that everyone has a fair chance to be heard. It is your duty to talk with one another in the jury room and to consider the views of all the jurors. Each of you must decide the case for yourself, but only after you have considered the evidence with the other members of the jury. Feel free to change your mind if you are convinced that your position should be different. You should all try to agree. But do not give up your honest beliefs just 40 because the others think differently. Keep an open mind so that you and your fellow jurors can easily share ideas about the case. I will give you a verdict form with questions you must answer. I have already instructed you on the law that you are to use in answering these questions. You must follow my instructions and the form carefully. You must consider each question separately. Please answer the questions in the order they appear. After you answer a question, the form tells you what to do next. I will now read the form to you: (read form of verdict)] Your verdict must be unanimous, that is, your verdict must be agreed to by each of you. When you have agreed on your verdict, your foreperson must write the date and sign it at the bottom and return the verdict to the bailiff. If any of you need to communicate with me for any reason, write me a note and give it to the bailiff. In your note, do not disclose any vote or split. You may now retire to decide your verdict(s]. 41 801.1 JUROR QUESTIONS DURING DELIBERATIONS Members of the jury, I have discussed your [note] [question] with the attorneys. You have [asked the following question] [made the following request]: (read juror’s note): If I have not read your [note] [question] correctly, please raise your hand. (clarify question as needed): 1 The answer is: (respond to question): OR 2 I am not able to [answer] [respond to] this [question] [request] because it [calls for information that is not in evidence] [is not proper to be considered in this case] [(other reason why question or request is improper)]. Your decision must be based only on the evidence presented in the trial and the law that I have given you. [If you have any other specific questions, please send another note, and I will see if I can answer it.] [(other appropriate response)]. 42 801.3 JURY DEADLOCKED Members of the jury, we understand you are having difficulty reaching a verdict. This case is important to the parties, and we appreciate your efforts. But I am going to ask you to go back to try again to reach a verdict if you reasonably can. Please carefully consider the vie