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AMI 2219 Purpose of Mortality Tables

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2219
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 22. Damages
AMI 2219 Purpose of Mortality Tables
In the event that you find that is entitled to damages arising in the future because of [injuries][or][future (medical) (caretaking) expenses][or][loss of earnings][or][loss of earning capacity][or][loss of contributions], you must determine the amount of these damages.
If these damages are of a continuing nature, you may consider how long they will continue. [If they are permanent in nature, then in computing these damages you may consider how long is likely to live.]
[With respect to loss of future (earnings)(earning capacity)(contributions) you may consider that some persons work all their lives and others do not and that a person's earnings may remain the same or may increase or decrease in the future.]
Mortality tables are evidence of an average life expectancy of a person who has reached a certain age, but they are not conclusive. They may be considered by you in connection with other evidence relating to the probable life expectancy of , including evidence of [his][her] occupation, health, habits, and other activities, bearing in mind that some persons live longer than the average and some persons less than the average.
The blank should be completed with the identification of the person whose life has been impacted by the claim, which may not in all cases be the named plaintiff.
St. Louis, I.M. & S.R. Co. v. Brogan, 105 Ark. 533, 151 S.W. 699 (1912), holds that mortality tables, as well as evidence of age, health, habits, etc., can be used to prove life expectancy. See also Abraham v. Jones, 228 Ark. 717, 310 S.W.2d 488 (1958).
On proof of life expectancy see Lawson v. Stephens, 241 Ark. 407, 407 S.W.2d 917 (1966). For judicial notice of mortality tables, see Bill Davis Trucking, Inc. v. Prysock, 301 Ark. 387, 391, 784 S.W.2d 755 (1990). For use of mortality tables based on testimony of a permanent injury, see Buckley v. Summerville, 2018 Ark. App. 100, 543 S.W.3d 534 (2018).
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