Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cv-00591-MSK-BNB

Document 167-2

Filed 07/18/2005

Page 1 of 1

INSTRUCTION NO._____1 The negligence, if any, of Jason Chamberlain and/or the underinsured motorist, Jacob Swift, is not a cause of any injuries or damages to the plaintiff, Melanie Land, unless injury to a person in the plaintiff's situation was a reasonably forseeable result of that negligence. The specific injury need not have been forseeable. It is enough if a reasonably careful person, under the same or similar circumstances, would have anticipated that injury to a person in the plaintiff's situation might result from the conduct of Jason Chamberlain and/or the underinsured motorist, Jacob Swift. CJI-Civ 4th 9:21

Plaintiff objects to this instruction because the instruction is only to be used when the evidence presents a jury question on whether the injured party was a person within the forseeable zone of danger created by the tortfeasor's negligence. Plaintiff further objects because she contends that the issue of negligence should not be sumbitted to the jury due to State Farm's alleged untimely disclosure. Plaintiff further objects to this instruction because Plaintiff claims that State Farm failed to timely designate Jason Chamberlain as a nonparty at fault.

1