Free Verdict Sheet - District Court of Delaware - Delaware

Case 1:04-cv-00911-GMS

Document 93

Filed 01/12/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

JAN KOPACZ and CATHY KOPACZ,

: : Plaintiffs, : : v. : : DELAWARE RIVER AND BAY : AUTHORITY, and CRAIG SWETT, : : Defendants. : ____________________________________: : JAN KOPACZ, : : Plaintiff, : : v. : : DELAWARE RIVER AND BAY : AUTHORITY, : : Defendant. : ____________________________________:

C.A. No. 04-911 GMS Jury Trial Demanded

C.A. No. 04-1281 GMS

PLAINTIFF'S PROPOSED INTERROGATORIES 1. Was Delaware River and Bay Authority ("DRBA") negligent? ______Yes ______ No 2. If you answered No. 1 "Yes", was DRBA's negligence a cause, no matter how slight, of plaintiff's injuries? ______Yes ______ No 3. Was the MV DELAWARE unseaworthy? ______Yes ______ No 4. If you answered No. 3 "Yes", was the unseaworthiness a substantial factor in causing plaintiff's injuries? ______Yes ______ No 5. Was Craig Swett negligent? ______Yes ______ No

Case 1:04-cv-00911-GMS

Document 93

Filed 01/12/2006

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6. If you answered No. 5 "Yes," was Swett's negligence a substantial factor* in causing plaintiff's injuries? ______Yes ______ No If you answered Nos. 1, 3 and 5 "No", return to the courtroom. If you answered "Yes" to No. 1 and No. 2 or both No. 3 and No. 4 or both No. 5 and No. 6 or to all six, continue on to the next question. 7. Was the plaintiff contributorily negligent? ______Yes ______ No 8. If you answered No. 7 "Yes", in what percentage did plaintiff's contributory negligence contribute to cause his injury? ______% 9. What percentage did each party you found at fault contribute to causing plaintiff's injuries? DRBA ______ Swett ______ Kopacz ______ Total 100%

Your answers must total 100%. 10. What is the amount of damages, if any, plaintiff is entitled to recover? $ ______ Past wage loss Medical expenses Pain and suffering Total $ $ $ $

Do not subtract for any contributory negligence. The Court will do the mathematics. Just put in the total amount you believe plaintiff is entitled to recover. 11. Was plaintiff injured while subject to the call of duty of his ship? _______ Yes __________ No

* Defendant Swett believes the appropriate language is "proximate cause."

Case 1:04-cv-00911-GMS

Document 93

Filed 01/12/2006

Page 3 of 3

12. What is the amount for maintenance, if any, plaintiff is entitled to recover from DRBA for the following: Maintenance *Value of sick leave and annual leave Medical expenses Compensatory damages for failure to pay Total $ $ $ $ $

13. Was DRBA's refusal to pay plaintiff maintenance and cure unreasonable and without reasonable justification? ______ Yes ____________ No

14. Were DRBA's employees' allegations of fraud without reasonable justification? _________ Yes _________ No

* DRBA objects.