Free Proposed Verdict Form - District Court of Connecticut - Connecticut

Case 3:01-cv-02345-JCH

Document 38

Filed 04/27/2005

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UNITED STATES DISTRICT COURT District of Connecticut -------------------------------------------------------X FRANK PORTO Plaintiff, V. METRO-NORTH RAILROAD COMPANY, Defendant. -------------------------------------------------------X APRIL 26, 2005 Case Number: 3:01CV02345(JCH)

DEFENDANT METRO-NORTH RAILROAD COMPANY'S PROPOSED VERDICT FORM Interrogatory No. 1 Do you find that the defendant was negligent under the Federal Employers' Liability Act? Yes___________ No__________ [If your answer to Interrogatory No. 2 is "no," you have completed your deliberations. If your answer to Interrogatory No.1 is "yes," proceed to Interrogatory No.2.] Interrogatory No. 2 If your answer to Interrogatory No. 2 is "yes," did that negligence play any part in bringing about Mr. Porto's injuries? Yes__________ No___________

[If your answer to Interrogatory No. 2 is "no," you have completed your deliberations. If your answer to Interrogatory No. 3 is "yes," proceed to Interrogatory No. 3.]

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Interrogatory No. 3 If your answers to Interrogatory Nos. 1 and 2 are "yes," do you find that Mr. Porto was contributorily negligent? Yes___________ No ____________

[If your answer to Interrogatory No. 3 is "no," proceed to Interrogatory No. 5 and do not respond to Interrogatory No. 4. If your answer to Interrogatory No. 3 is "yes," proceed to Interrogatory No. 4.]

Interrogatory No. 4 If your answer to Interrogatory No. 3 is "yes," to what extent, expressed in percentages, did the defendant's and Mr. Kiniry's negligence contribute to his injuries? Mr. Kiniry ___________% Defendant ___________% Total must equal 100% [Proceed to Interrogatory No. 5.]

Interrogatory No. 5 What amount do you find, without reduction for any contributory negligence, will fairly and adequately compensate Mr. Kiniry for his injuries?: GENERAL VERDICT $ __________________

[If your answer to Interrogatory No. 4 is "yes," proceed to Interrogatory No. 7. If your answer to Interrogatory No. 4 is "no," your deliberations are complete.] Interrogatory No. 6 If your answer to Interrogatory No. 4 is "yes," reduce the total amount of damages in 2

Case 3:01-cv-02345-JCH

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Filed 04/27/2005

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Interrogatory No. 5 by the percentage of Mr. Kiniry's contributory negligence that you found in Interrogatory No. 4 and enter that reduced amount in the space below:

VERDICT: $ ___________________________ You have completed your deliberations. Please sign and date this form.

____________ Date

_____________________________ Foreperson

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Case 3:01-cv-02345-JCH

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Filed 04/27/2005

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THE DEFENDANT, METRO-NORTH RAILROAD COMPANY

By: Robert O. Hickey, Esq. Ryan, Ryan, Johnson & Deluca, LLP 80 Fourth Street, P.O. Box 3057 Stamford, CT 06905 Juris No. 52525 Phone No. 203-357-9200 CERTIFICATE OF SERVICE I hereby certify that on April 13, 2005, a copy of the above was sent via e-mail to the following counsel and pro se parties of record: Charles C. Goetsch, Esq. Cahill, Goetsch & Maurer, PC 43 Trumbull Street New Haven, CT 06511-1059 Attorney for Plaintiff, Frank Porto

___________________________________ Robert O. Hickey, Esq.

I:\Procases\205.117\verdictfrm.wpd 205.131

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