LEX 130 Civil Injuries

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Question:

Two motor vehicle negligence allegations must be made.

Give the instruction number and state the definitions for each of the above contentions.

Is motor vehicle negligence considered to be negligence?

How can you find out?

Consider that in a motor-vehicle negligence case, the Plaintiff claims that he suffered damage to his vehicle due to the negligence of the defendant.

How is the jury to calculate the damages

The instruction number.

Imagine you drove through Greensboro at fifty miles an hour with no speed limit. Then, you collided with another vehicle at an intersection.

What number of instructions would you read to the jury and what is its content?

What Bluebook format is used to identify the relevant statute?

After the evidence in question 6 was established, would the Plaintiff need anything else to prove negligence

Can you recover attorney fees in a case of negligence?

Why or not?

Is there an exception to the rule?

It is an exception.

Bluebook format: Cite authority.

Cite one of the Block 10 samples complaints and identify the complaint.

What is the motorist’s general duty in relation to operating a motor-vehicle?

You can quote a paragraph of any of the Block 10 examples and identify the complaint or paragraph number.

Answer:

The Jury would receive two contentions from the judge: Contentions of contributory negligence (Instruction No. 104.35) and contentions of negligence.

These contentions can found in North Carolina Pattern Juy Instructions for Motor Vehicle Negligence cases.

Definitions

Contentions of Negligence – “Negligence refers a person’s failure or disregard for a duty of behavior imposed by law.” (Instruction Number.108.10)

Contentions of Contributory Neglect – “The test of negligence as it has been described for you is the same for both the plaintiff and the defendant.”

(Instruction number 108.10)

The plaintiff is not responsible for the injury.

The plaintiff must prove to the court that defendant’s actions were the direct cause of the injury.

Instructions 102.20 contain this information.

Instruction number 106.62 says that property damages suffered by the plaintiff should be calculated using the difference between the property’s fair market price before damage and its fair market price after damage.

Fair value refers to the amount the buyer or seller would agree on for the vehicle.

Instruction number 108.10 will be the jury’s instructions.

N.C. Stat SS20-141 is the applicable statue in this situation.

This is question 6, there are no facts.

Yes, attorneys fees can be recovered in negligence actions. It is the economic loss suffered by the plaintiff because of the negligence of defendant.

The total amount of damages must be less than $25000 to recover attorney fees. Fees for attorneys can be up to $10000.

Additionally, the defendant must have refused unreasonably to negotiate or to pay the claim. This is the basis of the suit.

Quote: “By driving a vehicle carelessly and recklessly, in willful or wanton disregard to the rights of Plaintiff in contravention of N.C.Gen. Stat.

SS 20-14(a) is negligence perse.

The number 10(b), is the paragraph Number

The following is an example of a Punitive Damages complaint

The driver’s primary duty is to keep the vehicle under control.

Quote: “By failing the vehicle to be under control”

The following is an example of a Punitive Damages complaint

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