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WPI 30.02.01 Measure of Economic and Noneconomic Damages—Personal Injury—Contributory Negligenc...

6 WAPRAC WPI 30.02.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 30.02.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part IV. Damages
Chapter 30. Personal and Property Damages
WPI 30.02.01 Measure of Economic and Noneconomic Damages—Personal Injury—Contributory Negligence—No Counterclaim
It is the duty of the court to instruct you as to the measure of damages. [By instructing you on damages the court does not mean to suggest for which party your verdict should be rendered.
If your verdict is for the plaintiff, then] you must first determine the amount of money required to reasonably and fairly compensate the plaintiff for the total amount of such damages as you find were proximately caused by the negligence of the defendant, apart from any consideration of contributory negligence.
[If you find for the plaintiff,] [your verdict must include the following undisputed items:
(here insert undisputed past economic damage amounts)
In addition,] you should consider the following past economic damages elements:
(here insert appropriate elements from among phrases WPI 30.07.01, WPI 30.08.01, WPI 30.09.01, and WPI 30.10– .16)
In addition you should consider the following future economic damages elements:
(here insert appropriate elements from among phrases WPI 30.07.02, WPI 30.08.02, and WPI 30.09.02)
In addition you should consider the following noneconomic damages elements:
(here insert appropriate elements from among phrases WPI 30.04– .06)
The burden of proving damages rests upon the plaintiff. It is for you to determine, based upon the evidence, whether any particular element has been proved by a preponderance of the evidence.
Your award must be based upon evidence and not upon speculation, guess, or conjecture.
The law has not furnished us with any fixed standards by which to measure noneconomic damages. With reference to these matters you must be governed by your own judgment, by the evidence in the case, and by these instructions.
NOTE ON USE
See WPI Chapter 45 (Forms of Verdicts) for the appropriate verdict forms to be used with this instruction.
Use this instruction if there is no counterclaim but there is an issue of contributory negligence.
Complete this instruction by inserting the appropriate elements of damages as directed in the instruction. The phrases inserted should reflect those elements of damages relevant to the action.
Delete the first two bracketed phrases of this instruction if there is a directed verdict or admitted liability. Use the third bracketed phrase if there are undisputed items of damages. If some of the bracketed phrases are not used, practitioners may need to capitalize the first word that follows a bracketed phrase.
COMMENT
See the Comment to WPI 30.01.01 (Measure of Economic and Noneconomic Damages—Personal Injury—No Contributory Negligence).
[Current as of April 2021.]
End of Document