Maryland Personal Injury, Accident, and Victim's Rights Blog

LIST OF INSTRUCTIONS (Maryland Civil Pattern Jury Instructions-Unless Otherwise Indicated)

1. Introduction 1:1
2. Questions of Law During Trial 1:2
3. Witness Testimony Consideration 1:3
4. Expert Opinion Testimony 1:4
5. Impartiality in Consideration 1:5
6. Inferences from Statements of Court 1:6
7. Burden of Proof-Preponderance of Evidence Standard 1:7
8. Case Submission on Issues 1:12
9. Conclusion-Unanimous Verdict 1:13
10. Introductory Statement on Damages 10:1
11. Compensatory Damages for Bodily Injury 10:2
12. Susceptibility to Injury 10:3
13. Damages – Collateral Source Rule 10:8
14. Mortality Table – Life Expectancy of Laura Moore 10:26
15. Standard of Care 18:1
16. Definition – Negligence 19:1
17. Definition – Causation 19:10
18. Contributory Negligence – Generally 19:11
19. Last Clear Chance 19:14
20. Definition of Pedestrian 23:1
21. Duty to Pedestrians – Generally 23:2

MPJI-Cv 1:1 INTRODUCTION
a. Instructions at Beginning of Trial
(i) Explanation of Trial Procedure
Members of the jury, in this case the plaintiff, (name), has sued the defendant, (name), claiming damages for (brief description of claim).
The trial will proceed in the following way. You will first hear opening statements by the lawyers. Each party has the right to make an opening statement for the purpose of outlining for you what the party expects to prove. The plaintiff’s lawyer will make the first opening statement and then the defendant’s lawyer may choose whether to make an opening statement.
The plaintiff will then present evidence. After the plaintiff’s case has been presented through witnesses and exhibits, the defendant will then have an opportunity to present evidence. Each witness is first examined by the party who calls the witness to testify and then the opposing party is permitted to cross-examine the witness.
During the trial the lawyers may make objections to the introduction of evidence, or make motions concerning the law. Arguments in connection with objections or motions are usually made out of the hearing of the jury, either here at the bench or after the jury has been excused from the courtroom. This is because questions of law and admissibility of evidence do not involve the jury; they are decided by the judge. It is the duty of a lawyer to make objections and motions which the lawyer believes are proper. You should not be influenced by the fact that a lawyer has made objections or by the number of objections which have been made. You should draw no conclusions from my rulings, either as to the merits of the case or as to my views regarding any witness or the case itself.
After the conclusion of all of the evidence, I will instruct you as to the law which is applicable to this case. You must follow and apply the law as I will explain it to you. After these instructions, the lawyers will make their closing arguments. In their arguments, the lawyers will point out to you what they contend the evidence has shown and the conclusions they would like you to draw from the evidence. The plaintiff’s lawyer will make the first closing argument, then the defendant’s lawyer will make a closing argument. After the defendant’s argument, the plaintiff will have an opportunity to make an argument in rebuttal to the defendant’s argument. What the lawyers say in their opening statements, in their closing arguments, and in making objections or motions during the trial, is not evidence. The reason the plaintiff goes first in each instance is because the plaintiff has the burden of proof.
After closing arguments, you will retire to the jury room and begin your deliberations. It will then be your function and responsibility to decide the facts. You must base your findings only upon the testimony, the exhibits received and the stipulation(s) of the parties and any conclusions which may fairly be drawn from that evidence.

(ii) General Principles
The following general principles are intended to assist you in judging the evidence and to guide you in the performance of your duties as jurors during the course of the trial: [MPJI-Cv 1:3, 1:4, 1:5, 1:6, 1:7 and 1:8, to the extent they are applicable, are to be used here.]

(iii) Admonitions as to Juror Conduct
This case will probably take (insert number) days to conclude. During that period, there will be recesses and adjournments of court when you will be excused. From this point forward, until the case is over and you have rendered your verdict, you may not discuss the case with anyone who is not on the jury. You may not discuss the case even with each other during the trial. You must wait until after you have heard (1) all of the evidence, (2) my instructions as to the law, and (3) closing arguments. In fairness to all the parties to this case, you should keep an open mind throughout the trial. You should reach your final conclusions only during your deliberations after having heard all of the evidence, my instructions as to the law and the lawyers’ closing arguments. Until the trial is over, you must avoid all contact of any kind with any of the participants in the trial, except for common courtesy such as the exchange of greetings. That includes the parties, the lawyers, the witnesses and any persons whom you see in close contact with these individuals. Do not visit the scene of any incident mentioned in the testimony or seek advice from friends or acquaintances as to any issues in this case or otherwise conduct investigation outside the courtroom. The reason for this is that you must decide the case only on the evidence which you have heard and seen in the courtroom and on nothing else.

b. Instructions at End of Trial
Members of the jury, the time has come for the Court to give you its instructions with respect to the law which is applicable in this case. You must apply the law as I explain it to you. Any comments I may make about the facts are only to help you and you are not required to agree with them. It is your function and responsibility to decide the facts. You must base your findings only upon the testimony, the exhibits received and the stipulation[s] of the parties, including any conclusions which may be fairly drawn from that evidence. Opening statements and arguments of the lawyers are not evidence in this case. If your memory of any of the testimony is different from any statement that I might make during the course of these instructions or that counsel might make in argument, you must rely on your own memory.

c. Witness and Party
Any person who testifies, including a party, is a witness.
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A four year old girl and her mother were severely injured when an individual, employed by the federal government, ran a red light and broad-sided the SUV in which the toddler and her mother were traveling. After the collision, the victims’ vehicle struck a utility pole and rolled over. The young girl sustained multiple injuries, which required 25 surgeries. She was hospitalized for 250 days. Her past medical expenses totaled approximately $3.5 million. The toddler’s attorneys maintained that future life care costs for the young girl would approach $22 million. The mother sustained approximately $29,100 in past medical expenses and $212,500 in future medical expenses.