Free Proposed Jury Instructions - District Court of Arizona - Arizona

EXHIBIT 2

Case 2:03-cv-02343-DGC

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Filed 01/05/2006

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Defendants' Proposed Non-Model Jury Instruction No. 1 CORPORATE PARTY A corporation is a party in this lawsuit. Corporations and individuals are entitled to the same fair and impartial consideration and to justice reached by the same legal standards. When I use the word "person" in these instructions, or when I use any personal pronoun referring to a party, those instructions also apply to Corrections Corporation of America ("CCA").

SOURCE: Revised Arizona Jury Instructions (Civil) 4 th, Standard 4, Corporate Party, as modified.

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Defendants' Proposed Non-Model Jury Instruction No. 2 RESPONDEAT SUPERIOR LIABILITY Corrections Corporation of America (CCA) is responsible for the actions of its employees if the employees were acting withing the scope of their employment. In this case, CCA is responsible for the actions of its employees. Plaintiff claims that CCA is responsible for the actions of its employees. CCA stipulates that its employees were acting within the scope of their employment at all times relevant to Plaintiff's claims.

SOURCE: Revised Arizona Jury Instructions (Civil) 4 th, Standard 5, Respondeat Superior Liability, as modified; Stone v. Arizona Highway Comm'n, 93 Ariz. 384, 381 P.2d 107 (1963); Love v. Liberty Mut. Ins. Co., 158 Ariz. 36, 760 P.2d 1085 (App. 1988); Duncan v. State, 157 Ariz. 56, 754 P.2d 1160 (App. 1988); Nava v. Truley Nolen Exterminating, 140 Ariz. 497, 683 P.2d 296 (App. 1984); Robarge v. Bechtel Power Corp., 131 Ariz. 280, 640 P.2d 211 (App. 1982); Scott v. Allstate Ins. Co., 27 Ariz. App. 236, 553 P.2d 1221 (1976); Olson v. Staggs-Bilt Homes, Inc., 23 Ariz. App. 574, 534 P.2d 1073 (1975); R ESTATEMENT (S ECOND) OF A GENCY § 228 (1958).

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Defendants' Proposed Non-Model Jury Instruction No. 3 STATEMENT OF CLAIMS, DEFINITION OF FAULT; DEFINITION OF NEGLIGENCE (Comparative Fault) Plaintiff claims that Corrections Corporation of America (CCA) was at fault. CCA disputes that any rape took place and therefore CCA is not at fault. In the event the jury determines that a rape occurred, CCA alleges that it occurred by virtue of an intentional act of the male inmate(s) who raped Plaintiff, and is therefore, the fault of these non party male inmates. Fault is negligence that was a cause of Plaintiff's injury. Negligence is the failure to use reasonable care. Negligence may consist of action or inaction. Negligence is the failure to act as a reasonably careful person would act under the circumstances. SOURCE: Revised Arizona Jury Instructions (Civil) 4 th, Fault 5, Statement of Claims, Definition of Fault, Definition of Negligence (Comparative Fault); A.R.S. § 12-2506(B),(C);(F).

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________ Given ________ Refused ________ Modified Defendants' Proposed Non-Model Jury Instruction No. 4 DEFINITION OF CAUSATION (Comparative Fault) Before you can find any party or person at fault, you must find that party's or person's negligence was the cause of plaintiff's injury. Negligence causes an injury if it helps produce the injury, and if the injury would not have happened without the negligence. There may be more than one cause of an injury.

SOURCE: Revised Arizona Jury Instructions (Civil) 4 th, Fault 6, Definition of Causation (Comparative Fault), as modified.

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Defendants' Proposed Non-Model Jury Instruction No. 5 BURDEN OF PROOF (ALL PARTIES) (Comparative Fault) Plaintiff must prove: 1. Plaintiff was raped;

2. Corrections Corporation of America (CCA) was at fault for the rape; 3. 3. Plaintiff was injured; and Plaintiff's damages.

Defendant CCA must prove: 1. If the jury determines that a rape occurred, the unidentified non party male inmate(s) who intentionally raped Plaintiff are at fault.

SOURCE: Revised Arizona Jury Instructions (Civil) 4 th, Fault 7, Burden of Proof (All Parties) (Comparative Fault), as modified; A.R.S. § 12-2506(B),(C);(F).

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Defendants' Proposed Non-Model Jury Instruction No. 6 STATEMENT OF LIABILITY ISSUES (Comparative Fault) If you find that Corrections Corporation (CCA) was not at fault, then your verdict must be for CCA. If you find that CCA was at fault, then CCA is liable to Plaintiff and your verdict must be for Plaintiff. You should then determine the full amount of Plaintiff's damages and enter that amount on the verdict form. You should then consider CCA's claim that the unidentified non party male inmate(s) who Plaintiff alleges intentionally raped her are at fault. SOURCE: Revised Arizona Jury Instructions (Civil) 4 th, Fault 8, Statement of Liability Issues (Comparative Fault), as modified; A.R.S. § 12-2506(B),(C); (F).

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Defendants' Proposed Non-Model Jury Instruction No. 7 DETERMINING RELATIVE DEGREES OF FAULT (Comparative Fault) If you find more than one person at fault for Plaintiff's injury, you must then determine the relative degrees of fault of all those whom you find to have been at fault. The relative degrees of fault are to be entered on the verdict form as percentages of the total fault for Plaintiff's injury. The fault of one person may be greater or lesser than that of another, but the relative degrees of all fault must add up to 100%. This will be clear from the verdict form.

SOURCE: Revised Arizona Jury Instructions (Civil) 4 th, Fault 11, Determining Relative Degrees of Fault Comparative Fault), as modified; A.R.S. § 12-2506(B),(C); (F).

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Defendants' Proposed Non-Model Jury Instruction No. 8 PRE-EXISTING CONDITION UNUSUALLY SUSCEPTIBLE PLAINTIFF Plaintiff is not entitled to compensation for any physical or emotional condition that pre-existed the fault of Corrections Corporation of America (CCA). However, if Plaintiff had any preexisting physical or emotional condition that was aggravated or made worse by CCA's fault, you must decide the full amount of money that will reasonably and fairly compensate Plaintiff for that aggravation or worsening. You must decide the full amount of money that will reasonably and fairly compensate Plaintiff for all damages caused by the fault of CCA, even if Plaintiff was more susceptible to injury than a normally healthy person would have been, and even if a normally healthy person would not have suffered similar injury.

SOURCE: Revised Arizona Jury Instructions (Civil) 4 th, Personal Injury Damages 2, Pre-Existing Condition, Unusually Susceptible Plaintiff, as modified.

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