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CAUSE NO. 348-239390-09
CAROLYN ASHFORD; § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
vs. § 348 TH JUDICIAL DISTRICT
§
BRIITNEY GRIGGS; §
§
Defendant. § TARRANT COUNTY, TEXAS
PLAINTIFF'S PROPOSED CHARGE OF THE COURT a~
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LADIES AND
This case
GENTLEMEN
is submitted
OF THE JURY:
to you by asking questions about
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you must decide from the evidence you have heard in this trial. Yo~ th~ol9=
judges of the credibility of the witnesses and the weight to be
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testimony, but in matters of law, you must be governed by the instructions in this
charge. In discharging your responsibility on this jury, you will observe all the
instructions, which have previously been given you. I shall now give you
additional instructions, which you should carefully and strictly follow during your
deliberations.
1. Do not let bias, prejudice or sympathy play any part in your
deliberations.
2. In arriving at your answers, consider only the evidence introduced
here under oath and such exhibits, if any, as have been introduced for your
consideration under the rulings of the court, that is, what you have seen and
heard in this courtroom, together with the law as given you by the court. In your
PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 1
deliberations, you will not consider or discuss anything that is not represented by
the evidence in this case.
3. Since every answer that is required by the charge is important, no
juror should state or consider that any required answer is not important.
4. You must not decide who you think should win, and then try to
answer the questions accordingly. Simply answer the questions, and do not
discuss nor concern yourselves with the effect of your answers.
5. You will not decide the answer to a question by lot or by drawing
straws, or by any other method of chance. Do not return a quotient verdict. A
quotient verdict means that the jurors agree to abide by the result to be reached
by adding together each juror's figures and dividing by the number of jurors to
get an average. Do not do any trading on your answers; that is, one juror should
not agree to answer a certain question one way if others will agree to answer
another question another way.
6. You may render your verdict upon the vote often or more members
of the jury. The same ten or more of you must agree upon all of the answers
made and to the entire verdict. You will not, therefore, enter into an agreement to
be bound by a majority or any other vote of less than ten jurors. If the verdict and
all of the answers therein are reached by unanimous agreement, the presiding
juror shall sign the verdict for the entire jury. If any juror disagrees as to any
answer made by the verdict, those jurors who agree to all findings shall each
sign the verdict.
PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 2
These instructions are given to you because your conduct is subject to
review the same as that of the witnesses, parties, attorneys and the judge. If it
should be found that you have disregarded any of these instructions, it will be
jury misconduct and itmay require another trial by another jury; then all of our
time will have been wasted.
The presiding juror or any other who observes a violation of the court's
instructions shall immediately warn the one who is violating the same and
caution the juror not to do so again.
When words are used in this charge in a sense that varies from the
meaning commonly understood, you are given a proper legal definition, which
you are bound to accept in place of any other meaning.
Answer "Yes" or "No" to all questions unless otherwise instructed. A "Yes"
answer must be based on a preponderance of the evidence unless otherwise
instructed. If you do not find that a preponderance of the evidence supports a
"Yes" answer, then answer "No." The term "preponderance of the evidence"
means the greater weight and degree of credible evidence admitted in this case.
Whenever a question requires an answer other than "Yes" or "No," your answer
must be based on a preponderance of the evidence unless otherwise instructed.
A fact may be established by "direct evidence" or by "circumstantial
evidence," or both. A fact is established by direct evidence when proven by
witnesses who saw the act done or heard the word spoken, or by documentary
evidence. A fact is established by circumstantial evidence when itmay be fairly
and reasonably inferred from other facts proved.
PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 3
After you retire to the jury room, you will select your own presiding juror.
The first thing the presiding juror will do is to have this complete charge read
aloud and then you will deliberate upon your answers to the questions asked.
It is the duty of the presiding juror:
1. To preside during your deliberations, to see that your deliberations
are conducted in an orderly manner and in accordance with the
instructions in this charge,
2. To write out and hand to the bailiff any communications concerning
the case that you desire to have delivered to the judge,
3. To vote on the questions,
4. To write your answers to the questions in the spaces provided, and
to certify to your verdict in the space provided for the presiding
juror's signature or to obtain the signatures of all the jurors who
agree with the verdict if your verdict is less than unanimous.
You should not discuss the case with anyone, not even with other
members of the jury, unless all of you are present and assembled in the jury
room. Should anyone attempt to talk to you about the case before the verdict is
returned, whether at the courthouse, at your home, or elsewhere, please inform
the judge of this fact.
When you have answered all the questions you are required to answer
under the instructions of the judge and your presiding juror has placed your
answers in the spaces provided and signed the verdict as presiding juror or
PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 4
obtained the signatures, you will inform the bailiff at the door of the jury room that
you have reached a verdict, and then you will return into Court with your verdict.
JUDGE PRESIDING
PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 5
DEFINITIONS
"Negligence" means failure to use ordinary care that is, failing to do that which a
person of ordinary prudence would have done under the same or similar
circumstances or doing that which an obstetrician of ordinary prudence, would
not have done under the same or similar circumstances.
"Ordinary care," means that degree of care that would be used by a person of
ordinary prudence under the same or similar circumstances.
"Proximate cause," means that cause which, in a natural and continuous
sequence, produces an event, and without which cause such event would not
have occurred. In order to be a proximate cause, the act or omission
complained of must be such that a person using ordinary care would have
foreseen that the event, or some similar event, might reasonably result there
from. There may be more than one proximate cause of an event.
PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 6
QUESTION NO. 1
Did the negligence, if any, of Brittney Griggs proximately cause the
occurrence in question?
Answer "Yes" or "No":
If, to Question 1, you have answered YES, then answer Question 2.
Otherwise, do not answer Question 2.
PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 7
QUESTION NO. 2
What sum of money, if paid now in cash, would fairly and reasonably
compensate Carolyn Ashford for her damages, if any, resulting from the
occurrence in question?
Consider the elements of damages listed below and none other. Consider
each element separately. Do not include damages for one element in any other
element. Do not include interest on any amount of damages you may find.
Answer separately, in dollars and cents, for damages, if any.
a. Medical care expenses incurred in the past.
Answer in dollars and cents for damages, if any.
Answer: $_ _ _ _ __
b. Medical care expenses that, in reasonable probability, Carolyn
Ashford will incur in the future.
Answer in dollars and cents for damages, if any.
Answer: $_ _ _ _ __
c. Physical impairment sustained in the past.
Answer in dollars and cents for damages, if any.
Answer: $._ _ _ _ __
d. Physical impairment that, in reasonable probability, Carolyn
Ashford will sustain in the future.
Answer in dollars and cents for damages, if any.
Answer: $_ _ _ _ __
PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 8
e. Physical pain and suffering sustained in the past.
Answer in dollars and cents for damages, if any.
Answer:$- - - - - -
f. Physical pain and suffering that, in reasonable probability, Carolyn '
Ashford will sustain in the future.
Answer in dollars and cents for damages, if any.
Answer: $"_ _ _ _ __
g. Mental anguish sustained in the past.
Answer in dollars and cents for damages, if any.
Answer: $_ _ _ _ __
h. Mental anguish that, in reasonable probability, Carolyn Ashford will
sustain in the future.
Answer in dollars and cents for damages, if any.
Answer: $_ _ _ _ __
i. Lost Wages in Past.
Answer in dollars and cents for damages, if any.
Answer: $_ _ _ _ __
PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 9
CERTIFICATE
We, the jury, have answered the above and foregoing questions as herein
indicated, and herewith return same into Court as our verdict.
(To be signed by the presiding juror if unanimous.)
PRESIDING JUROR
(To be signed by those rendering the verdict if not unanimous.)
PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 10
Respectfully submitted,
EBERSTEIN &
BY:
7
A 7
7.M~Y~K .7.W~I=TH~E~R~I=T=E----------
State Bar No. 00788698
BRIAN A. EBERSTEIN
State Bar No. 06386000
SHELLY T. GRECO
State Bar No. 24008168
3100 Monticello Avenue, Suite 500
Dallas, TX 75205
214/378-6665
214/378-6670 (fax)
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this document has been
forwarded to all counsel of record on this 27'h day of September, 201 0, pursuant
to Rule 21a of the Texas Rules of Civil Procedure.
Amy K. Witherite
Mr. Theron C. Hale
Amis & Farish
2301 East Lamar Blvd., Suite 250
Arlington, Texas 76006-7497
PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 11
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CAUSE NO. 348-239390-09 CAROLYN ASHFORD; § IN THE DISTRICT COURT OF § Plaintiff, § § vs. § 348 TH JUDICIAL DISTRICT § BRIITNEY GRIGGS; § § Defendant. § TARRANT COUNTY, TEXAS PLAINTIFF'S PROPOSED CHARGE OF THE COURT a~ c;:, ~ -> (/)-" ~ £! ~ ~ i;: ~ 5;:._,., LADIES AND This case GENTLEMEN is submitted OF THE JURY: to you by asking questions about -; ):::. theifabis, "-.) -~ - w'Nich_=;t.!: f"rJ ...,_~ .,_ ' •I :::c -::: ~ 2 CJ you must decide from the evidence you have heard in this trial. Yo~ th~ol9= judges of the credibility of the witnesses and the weight to be NJ -... gfven - - :; their" testimony, but in matters of law, you must be governed by the instructions in this charge. In discharging your responsibility on this jury, you will observe all the instructions, which have previously been given you. I shall now give you additional instructions, which you should carefully and strictly follow during your deliberations. 1. Do not let bias, prejudice or sympathy play any part in your deliberations. 2. In arriving at your answers, consider only the evidence introduced here under oath and such exhibits, if any, as have been introduced for your consideration under the rulings of the court, that is, what you have seen and heard in this courtroom, together with the law as given you by the court. In your PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 1 deliberations, you will not consider or discuss anything that is not represented by the evidence in this case. 3. Since every answer that is required by the charge is important, no juror should state or consider that any required answer is not important. 4. You must not decide who you think should win, and then try to answer the questions accordingly. Simply answer the questions, and do not discuss nor concern yourselves with the effect of your answers. 5. You will not decide the answer to a question by lot or by drawing straws, or by any other method of chance. Do not return a quotient verdict. A quotient verdict means that the jurors agree to abide by the result to be reached by adding together each juror's figures and dividing by the number of jurors to get an average. Do not do any trading on your answers; that is, one juror should not agree to answer a certain question one way if others will agree to answer another question another way. 6. You may render your verdict upon the vote often or more members of the jury. The same ten or more of you must agree upon all of the answers made and to the entire verdict. You will not, therefore, enter into an agreement to be bound by a majority or any other vote of less than ten jurors. If the verdict and all of the answers therein are reached by unanimous agreement, the presiding juror shall sign the verdict for the entire jury. If any juror disagrees as to any answer made by the verdict, those jurors who agree to all findings shall each sign the verdict. PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 2 These instructions are given to you because your conduct is subject to review the same as that of the witnesses, parties, attorneys and the judge. If it should be found that you have disregarded any of these instructions, it will be jury misconduct and itmay require another trial by another jury; then all of our time will have been wasted. The presiding juror or any other who observes a violation of the court's instructions shall immediately warn the one who is violating the same and caution the juror not to do so again. When words are used in this charge in a sense that varies from the meaning commonly understood, you are given a proper legal definition, which you are bound to accept in place of any other meaning. Answer "Yes" or "No" to all questions unless otherwise instructed. A "Yes" answer must be based on a preponderance of the evidence unless otherwise instructed. If you do not find that a preponderance of the evidence supports a "Yes" answer, then answer "No." The term "preponderance of the evidence" means the greater weight and degree of credible evidence admitted in this case. Whenever a question requires an answer other than "Yes" or "No," your answer must be based on a preponderance of the evidence unless otherwise instructed. A fact may be established by "direct evidence" or by "circumstantial evidence," or both. A fact is established by direct evidence when proven by witnesses who saw the act done or heard the word spoken, or by documentary evidence. A fact is established by circumstantial evidence when itmay be fairly and reasonably inferred from other facts proved. PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 3 After you retire to the jury room, you will select your own presiding juror. The first thing the presiding juror will do is to have this complete charge read aloud and then you will deliberate upon your answers to the questions asked. It is the duty of the presiding juror: 1. To preside during your deliberations, to see that your deliberations are conducted in an orderly manner and in accordance with the instructions in this charge, 2. To write out and hand to the bailiff any communications concerning the case that you desire to have delivered to the judge, 3. To vote on the questions, 4. To write your answers to the questions in the spaces provided, and to certify to your verdict in the space provided for the presiding juror's signature or to obtain the signatures of all the jurors who agree with the verdict if your verdict is less than unanimous. You should not discuss the case with anyone, not even with other members of the jury, unless all of you are present and assembled in the jury room. Should anyone attempt to talk to you about the case before the verdict is returned, whether at the courthouse, at your home, or elsewhere, please inform the judge of this fact. When you have answered all the questions you are required to answer under the instructions of the judge and your presiding juror has placed your answers in the spaces provided and signed the verdict as presiding juror or PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 4 obtained the signatures, you will inform the bailiff at the door of the jury room that you have reached a verdict, and then you will return into Court with your verdict. JUDGE PRESIDING PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 5 DEFINITIONS "Negligence" means failure to use ordinary care that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances or doing that which an obstetrician of ordinary prudence, would not have done under the same or similar circumstances. "Ordinary care," means that degree of care that would be used by a person of ordinary prudence under the same or similar circumstances. "Proximate cause," means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result there from. There may be more than one proximate cause of an event. PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 6 QUESTION NO. 1 Did the negligence, if any, of Brittney Griggs proximately cause the occurrence in question? Answer "Yes" or "No": If, to Question 1, you have answered YES, then answer Question 2. Otherwise, do not answer Question 2. PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 7 QUESTION NO. 2 What sum of money, if paid now in cash, would fairly and reasonably compensate Carolyn Ashford for her damages, if any, resulting from the occurrence in question? Consider the elements of damages listed below and none other. Consider each element separately. Do not include damages for one element in any other element. Do not include interest on any amount of damages you may find. Answer separately, in dollars and cents, for damages, if any. a. Medical care expenses incurred in the past. Answer in dollars and cents for damages, if any. Answer: $_ _ _ _ __ b. Medical care expenses that, in reasonable probability, Carolyn Ashford will incur in the future. Answer in dollars and cents for damages, if any. Answer: $_ _ _ _ __ c. Physical impairment sustained in the past. Answer in dollars and cents for damages, if any. Answer: $._ _ _ _ __ d. Physical impairment that, in reasonable probability, Carolyn Ashford will sustain in the future. Answer in dollars and cents for damages, if any. Answer: $_ _ _ _ __ PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 8 e. Physical pain and suffering sustained in the past. Answer in dollars and cents for damages, if any. Answer:$- - - - - - f. Physical pain and suffering that, in reasonable probability, Carolyn ' Ashford will sustain in the future. Answer in dollars and cents for damages, if any. Answer: $"_ _ _ _ __ g. Mental anguish sustained in the past. Answer in dollars and cents for damages, if any. Answer: $_ _ _ _ __ h. Mental anguish that, in reasonable probability, Carolyn Ashford will sustain in the future. Answer in dollars and cents for damages, if any. Answer: $_ _ _ _ __ i. Lost Wages in Past. Answer in dollars and cents for damages, if any. Answer: $_ _ _ _ __ PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 9 CERTIFICATE We, the jury, have answered the above and foregoing questions as herein indicated, and herewith return same into Court as our verdict. (To be signed by the presiding juror if unanimous.) PRESIDING JUROR (To be signed by those rendering the verdict if not unanimous.) PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 10 Respectfully submitted, EBERSTEIN & BY: 7 A 7 7.M~Y~K .7.W~I=TH~E~R~I=T=E---------- State Bar No. 00788698 BRIAN A. EBERSTEIN State Bar No. 06386000 SHELLY T. GRECO State Bar No. 24008168 3100 Monticello Avenue, Suite 500 Dallas, TX 75205 214/378-6665 214/378-6670 (fax) ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this document has been forwarded to all counsel of record on this 27'h day of September, 201 0, pursuant to Rule 21a of the Texas Rules of Civil Procedure. Amy K. Witherite Mr. Theron C. Hale Amis & Farish 2301 East Lamar Blvd., Suite 250 Arlington, Texas 76006-7497 PLAINTIFF'S PROPOSED CHARGE OF THE COURT- Page 11