District of Nebraska | United States District Court



C-LINE FARMS, INC., andNUCKLAYFARMS, INC.,Plaintiff, H AMERICA, LLC, Defendant.) 4:05CV3277))))FINAL JURY) INSTRUCTIONS)))Members of the jury, the instructions I gave at the beginning of the trial and during the trial remain in effect. I now give you some additional instructions.You must, of course, continue to follow the instructions I gave you earlier, as well as those I give you now. You must not single out some instructions and ignore others, because all are important. This is true even though some of those I gave you at the beginning of and during the trial are not repeated here.Neither in these instructions nor in any ruling, action or remark that I have made during the course of this trial have I intended to give any opinion or suggestion as to what your verdict should be.During this trial I may have occasionally asked questions of witnesses in order to bring out facts not then fully covered in the testimony. Do not assume that I hold any opinion on the matters to which my questions related.You are reminded that you are not to engage in any independent investigation of this case. For instance, you are not to consult a dictionary or any other like reference.In these instructions you are told that your verdict depends on whether you find certain facts have been proved. The burden of proving a fact is upon the party whose claim depends upon that fact. The party who has the burden of proving a fact must prove it by the greater weight of the evidence. To prove something by the greater weight of the evidence is to prove that it is more likely true than not true. It is determined by considering all of the evidence and deciding which evidence is more believable. If, on any issue in the case, the evidence is equally balanced, you must resolve that issue against the party who has the burden of proving it.The greater weight ofthe evidence is not necessarily determined by the greater number of witnesses or exhibits a party has presented.A witness who has special knowledge, skill, experience, training, or education in a particular area may testify as an expert in that area. You determine what weight, if any, to give to an expert's testimony just as you do with the testimony of any other witness. You should consider the expert's credibility as a witness, the expert's qualifications as an expert, the sources of the expert's information, and the reasons given for any opinions expressed by the expert.This case should be considered and decided by you as an action between parties of equal standing in the community, of equal worth, and holding the same or similar stations in life. All parties, whether individuals or corporations, stand equal before the law, and are to be dealt with as equals in a court of justice.There are two Plaintiffs in this lawsuit.Their interests are the same. If you find in favor of one of them, you must find in favor of both of them. If you find against one of them, you must find against both of them.Plaintiffs and Defendants have stipulated-that is, they have agreed-that certain facts are uncontroverted. You should, therefore, treat these facts as having been proved:1. On or about September 29, 2004, Plaintiffs purchased a Case IH Model2388 Axial-Flow Combine, Identification Number JJC0274063 (the "Combine")from Fairbanks International, a farm equipment dealer in Hastings, Nebraska.2. The Combine was first sold in September 2003 to Burr Farms.3. The Combine was equipped with a Case CDC engine, model number6TAA-830, engine serial number 0046306930.4. The Combine was covered by a one-year/unlimited hour warranty, set to expire on September 14, 2004, and the engine was covered by a two-year/2000 hour warranty, set to expire no later than September 14, 2005 (the "Warranty").5. By its express terms, the Warranty covered "a defect in material or workmanship ... found in a unit and reported during the Warranty Period[.]"6. At the time Plaintiffs purchased the Combine, the Combine had 355 engine hours.7. On or about October 11, 2004, a fire occurred in the Combine while theCombine was being used for harvesting by Plaintiffs.PLAINTIFFS' CLAIM OF BREACH OF EXPRESS WARRANTY A. IssuesPlaintiffs claim that Defendant is liable for the loss of the Combine becausethere was a breach of the Warranty for the engine.The Defendants deny this claim.B. Burden of ProofBefore Plaintiffs can recover against Defendant on this claim of breach of express warranty, Plaintiffs must prove, by the greater weight of the evidence, each and all of the following:I. That there was a defect in material or workmanship in the Combine's engine; and2. That this engine defect was a proximate cause of the Combine fire.C. Effect of FindingsIf Plaintiffs have not met this burden of proof, then your verdict must be forDefendant.On the other hand, if Plaintiffs have met this burden of proof, then your verdict must be for Plaintiffs and you must award Plaintiffs damages for the loss of the Combine. Plaintiffs and Defendant have stipulated that the total dollar amount of Plaintiffs' loss on this claim is $138,000.00.PLAINTIFFS' CLAIM OF STRICT LIABILITY IN TORTA. IssuesPlaintiffs claim that Defendant is strictly liable for the loss of the Combine and other property destroyed by the fire.The Defendants deny this claim.B. Burden of ProofBefore Plaintiffs can recover against Defendant on this claim of strict liability in tort, Plaintiffs must prove, by the greater weight of the evidence, each and all of the following:l. That there was a defect in material or workmanship in the Combine's engine at the time it left the possession of Defendant;2. That this engine defect made the Combine unreasonably dangerous for its intended use, or for any use Defendant could have reasonably foreseen; and3. That this engine defect was a proximate cause of the Combine fire.C. Effect of FindingsIf Plaintiffs have not met this burden of proof, then your verdict must be forDefendant.On the other hand, if Plaintiffs have met this burden of proof, then your verdict must be for Plaintiffs and you must award Plaintiffs damages for the loss of the Combine and other property. Plaintiffs and Defendant have stipulated that the total dollar amount of Plaintiffs' loss on this claim is $141,850.18.A product is unreasonably dangerous if it creates a risk of harm beyond that which would be contemplated by the ordinary foreseeable user. A product is not unreasonably dangerous merely because it is possible to be injured while using it.A proximate cause is a cause that produces a result in a natural and continuous sequence, and without which the result would not have occurred.If you find for Plaintiffs on both of their claims, they will recover only the higher amount of damages for the strict liability claim and will not be entitled to receive a double recovery.Your verdict must be agreed to by all seven (7) of you, that is, it must be unanimous.In conducting your deliberations and returning your verdict, there are certain rules you must follow.First, when you go to the jury room, you must select one of your members as your foreperson. That person will preside over your discussions and speak for you here in court.Second, it is your duty, as jurors, to discuss this case with one another in the jury room. You should try to reach agreement if you can do so without violence to individual judgment.Each of you must make your own conscientious decision, but only after you have considered all the evidence, discussed it fully with your fellow jurors, and listened to the views of your fellow jurors.Do not be afraid to change your opinions if the discussion persuades you that you should. But do not come to a decision simply because other jurors think it is right, or simply to reach a verdict. Remember at all times that you are not partisans. You are judges-judges of the facts. Your sole interest is to seek the truth from the evidence in the case.Third, if you need to communicate with me during your deliberations, you may send a note to me through the courtroom deputy, signed by one or more jurors. You may summon the courtroom deputy by using the telephone in the jury room to call my chambers at the number provided by the courtroom deputy. The caller should clearly identify himself or herself as a member of the jury so that my staff will reactaccordingly. I will respond to your communication as soon as possible either in writing or orally in open court. Remember that you should not tell anyone? including me, how your votes stand numerically.If you do not agree on a verdict by 5:00 o'clock p.m., you may separate and return for deliberation at 9:00 o'clock a.m. on the next business day. You may deliberate after 5:00 o'clock p.m., but, if so, please notify my staff in advance by using the telephone in the jury room to call my chambers at the number provided by the courtroom deputy. Please also notify my chambers staff by telephone whenever you separate during the day or at the end of the day, and advise when you expect to return to the jury room to reconvene your deliberations. If you do separate, thenduring that time, you are not allowed to discuss this case with anyone, even anotherJuror.Fourth, your verdict must be based solely on the evidence and law which I havegiven to you in my instructions. Nothing I have said or done is intended to suggest what your verdict should be-that is entirely for you to decide.Finally, the verdict form is simply the written notice of the decision that you reach in this case. You will take this form to the jury room, complete it pursuant to the instructions on the form, and advise my chambers staff by telephone when you are ready to return to the courtroom to deliver your verdict.Submitted at _____o'clock(a.m)Dated this ____ day of ______.IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKAC-LINE FARMS, INC., andNUCKLAY FARMS, INC.,Plaintiff, H AMERICA, LLC, Defendant.) 4:05CV3277)))) VERDICT FORM))))Please answer the following question in accordance with the jury instructions and the instructions contained in this form.Note: You may find in favor of Plaintiffs on both claims, or you may find in favor of Defendant on both claims. You may also find in favor of Plaintiff on the first claim (express warranty) and find in favor of Defendant on the second claim (strict liability). However, you may not find in favor of Defendant on the first claim and find in favor of Plaintiffs on the second claim.VERDICTI. Plaintiffs' Claim of Breach of Express WarrantyAs to Plaintiffs' claim of breach of express warranty, find one of the following: (Place an "X" beside one, but only one, of the two statements.)A. We, the jury, find in favor of Plaintiffs, C-Line Farms, Inc., and Nucklay Farms, Inc., and against Defendant, CNH America, LLC, and, pursuant to the stipulation of the parties, award Plaintiffs damages in the amount of$ 138,000.00.B. We, the jury, find in favor of Defendant, CNH America, LLC, and against Plaintiffs, C-Line Farms, Inc., and Nucklay Farms, Inc.C-Line Farms, Inc., and Nucklay Farms, Inc. v. CNH America, LLC Case No. 4:05CV3277Verdict Form, Page 2II. Plaintiffs' Claim of Strict Liability in TortAs to Plaintiffs' claim of strict liability in tort, find one of the following: (Place an "X" beside one, but only one, of the two statements.)A. We, the jury, find in favor of Plaintiffs, C-Line Farms, Inc., and Nucklay Farms, Inc., and against Defendant, CNH America, LLC, and, pursuant to the stipulation of the parties, award Plaintiffs damages in the amount of$ 141,850.18.B. We, the jury, find in favor of Defendant, CNH America, LLC, and against Plaintiffs, C-Line Farms, Inc., and Nucklay Farms, Inc.EXECUTION OF VERDICT FORMNote: The Foreperson shall sign and date the verdict form, and such signature shall mean that the verdict of the jury was unanimous.DATED this day of , 2006.FOREPERSON ................
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