Free Amended Document (NOT Motion/Complaint) - District Court of Arizona - Arizona

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David C. Larkin #006644 DAVID C. LARKIN, P.C. 4645 South Lakeshore Drive, Suite 6 Tempe, Arizona 85282 Telephone (480) 491-2900 Fax (480) 755-4825 William P. Allen #011161 ALLEN LAW FIRM, LLC 1650 North First Avenue Phoenix, Arizona 85003 Telephone (602) 495-6502 Fax (602) 277-9839 Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Connie B. Pappas, Plaintiff, vs. J.S.B. Holdings, Inc., d.b.a. R&D Specialty/Manco, Defendant. Plaintiff hereby provides the attached second amended Proposed Jury Instruction No.1, a modified Ninth Circuit Model Jury Instructions 7.1 and 7.2 on damages, combined in accordance with the model instructions. Plaintiff is amending the proposed instruction to remove previously included instruction on economic damages, to include "physical" pain and suffering about which Ms. Pappas and Dr. Parker testified, to remove reference to pain and suffering in the future, and to include an instruction not to consider evidence of wage loss after the Court ruled during trial on June 27, 2006 that the Court and not the jury would consider economic damages, equitable relief pursuant to Title VII. No. CV-03-1449-PHX-PGR PLAINTIFF'S SECOND AMENDED PROPOSED JURY INSTRUCTION NO. 1

Case 2:03-cv-01449-PGR

Document 104

Filed 06/28/2006

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Respectfully submitted this 28th day of June, 2006. DAVID C. LARKIN, P.C. By: /s David C. Larkin David C. Larkin and ALLEN LAW FIRM, LLC By: /s William P. Allen William P. Allen Attorneys for Plaintiff Electronic notice and service of documents provided to: Sharon S. Moyer No. 013341 Mark D. Dillon No. 014393 SACKS TIERNEY P.A. 4250 N. Drinkwater Blvd., 4th Floor Scottsdale, AZ 85251-3693 Attorneys for Defendants /s David C. Larkin

Case 2:03-cv-01449-PGR

Document 104

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Filed 06/28/2006

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PLAINTIFF'S AMENDED REQUESTED JURY INSTRUCTION NO. 1 Modified Ninth Circuit Model Jury Instruction 7.1 and 7.2 (combined in accordance with Model Instruction 7.1) 7.1 Damages--Proof. 7.2 Measures of Types of Damages. It is the duty of the Court to instruct you about the measure of damages. By instructing you on damages, the Court does not mean to suggest for which party your verdict should be rendered. If you find for the plaintiff, you must determine the plaintiff's damages. The plaintiff has the burden of proving damages by a preponderance of the evidence. Damages means the amount of money which will reasonably and fairly compensate the plaintiff for any injury you find was caused by the defendant. In determining the measure of damages, you should consider: The nature and extent of the injuries; The mental, physical and emotional pain and suffering experienced. You may not consider or assess either past or future lost wages experienced by Mrs. Pappas in calculating damages because, under the law, those categories of damages are for the Court to assess, if you find in the plaintiff's favor. The plaintiff has the burden of proving damages by a preponderance of the evidence, and it is for you to determine what damages, if any, have been proved. Your award must be based upon evidence and not upon speculation, guesswork or conjecture.

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