Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:00-cv-02098-REB-MJW

Document 252

Filed 09/14/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-cv-02098-REB-MJW KELLY FINCHER, by her guardian, JAMES FINCHER, on behalf of herself and all others similarly situated, Plaintiffs, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, a New Jersey Corporation, Defendant.

JOINT SUBMISSION OF STIPULATED STATEMENT OF CLAIMS AND DEFENSES, AND STIPULATED JURY INSTRUCTIONS

Pursuant to REB Civ. Practice Standard IV.E.4.a., Plaintiffs, through their counsel of record, THE CAREY LAW FIRM, and Defendant, through its counsel of record, CAMPBELL LATIOLAIS & RUEBEL PC, jointly submit the following stipulated statement of claims and defenses, and stipulated jury instructions: I. STIPULATED STATEMENT OF CLAIMS In accordance with the Court's practice standards, the parties hereby submit their stipulated statement of claims and defenses. In addition to the stipulated statement, Plaintiff is also submitting a non-stipulated instruction based on CJI-Civ 4th 2:1 which contains an additional explanation of her claims. Defendant does not agree to the inclusion of the additional language in Plaintiff's Non-stipulated instruction Non-Stip P-

Case 1:00-cv-02098-REB-MJW

Document 252

Filed 09/14/2007

Page 2 of 3

04. The parties' stipulated statement of claims and defenses is as follows:

The parties to this case are: Kelly Fincher, by her father and guardian, James Fincher, the plaintiff, and Prudential Property & Casualty Insurance Company, the defendant.

The plaintiff was injured in an automobile/bicycle accident in May, 1994, when she was 10 years old. She received insurance benefits for her medical expenses from the defendant, which insured the automobile driver, until defendant informed her that the limits of the insurance policy were exhausted. Plaintiff claims that she was entitled to extended benefits under that policy, and that the defendant breached the contract, and acted willfully and wantonly, and in bad faith, in refusing to pay those benefits in a timely manner. As a result, she is seeking damages for the defendant's wrongful conduct.

The defendant admits that the plaintiff was entitled to certain benefits under the policy, and that it paid those benefits. Defendant denies that it acted willfully, wantonly or in bad faith in paying those benefits, but rather, its position concerning the payment of those benefits was at all times reasonable. The defendant also denies that it caused any damages to plaintiff.

These are the issues you are to decide.

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Case 1:00-cv-02098-REB-MJW

Document 252

Filed 09/14/2007

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II.

STIPULATED JURY INSTRUCTIONS

REB Stock Instructions 1,2, 4-15 Stip 15 CJI 3:3 Reasonable Doubt Stip 16 CJI 3:9 Deposition Testimony Stip 17 CJI 3:17 Highlighted Exhibits Stip 18 CJI 5:1 Damages Stip 19 CJI 5:3 Exemplary Damages Stip 20 CJI 5:5 Difficulty in Determining Damages Stip 21 CJI 9:18 Causation Stip 22 Carrying Instruction-Answer Question

Respectfully submitted this September 14, 2007.

_By:__s/Leif Garrison_____________ Robert B. Carey Leif Garrison THE CAREY LAW FIRM 2301 East Pikes Peak Avenue Colorado Springs, CO 80909 Steve W. Berman, WSBA #12536 HAGENS BERMAN, L.L.P. 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101 L. Dan Rector
FRANKLIN D. AZAR & ASSOC., P.C.

_By:_s/Clifton J. Latiolais, Jr._________ Clifton J. Latiolais, Jr. CAMPBELL LATIOLAIS & RUEBEL PC 825 Logan Street Denver, CO 80203-3114

Bruce C. Oetter BRYAN CAVE LLP One Metropolitan Square 211 North Broadway, Suite 3600 St. Louis, Missouri 63102-2750 Attorneys for Defendant

5536 Library Lane Colorado Springs, CO 80918 Attorneys for Plaintiffs

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