Free Proposed Jury Instructions - District Court of Arizona - Arizona

l LAW OFFICES
BROENING OBERG WOODS & WILSON
2 PROFESSIONAL CORPORATION
1122 EAST JEFFERSON
3 POST OFFICE BOX 20527
PHOENIX, ARIZONA 85036
4 (602) 271-7700
James R. Broening, #004036
5 William R. Phillips, #019949
Attomeys for D€f€Hd8HI
6
7 IN THE UNITED STATES DISTRICT COURT
8 FOR THE DISTRICT OF ARIZONA
9 JERRY SIMMS, a single man, NO.CIV-03-1415 PHX ROS
10 Plaintiff, DEFENDANT’S SECOND
H SUPPLEMENTAL JURY
vs. INSTRUCTIONS
12 STATE FARM FIRE AND CASUALTY
13 COMPANY, an Illinois corporation; ABC
CORPORATIONS I-X; JOHN DOES I—X,
14 Defendants.
15
16 Defendant hereby submits the following jury instructions conceming breach
17 of contract and contract damages.
18 Defendant proposes modified RAJ I (CIVIL) fourth instruction, number 9,
19 Breach 0f Contract — Material Breach (attached). Defendant also proposes modified RAJ I
20 (CIVIL), 3d, Contract l7, Measure 0f Direct Damages — Breach 0fC0ntract (attached).
21 / / /
22
23
24 / / /
25
26
Case 2:03-cv—01415—ROS Document 174 Filed 06/23/2006 Page 1 of 4

J
1 DATED this 3H' day of June, 2006.
2 BROENING OBERG WOODS & WILSON, P.C.
3 /9 #
. Z 8 L3
4 By VL C4 0//
James R. Broening
5 William R. Phillips
1122 East Jefferson
6 Post Office Box 20527
Phoenix, Arizona 85036
7 Attorneys for Defendant State Farm Fire and Casualty
Company
8
COP of he foregoing electronically filed
9 this day of June, 2006, to:
10 Joseph C. Dolan, Esq. A
1650 North 1s‘ Avenue
ll Phoenix, Arizona 85003
Attorney for Plaintiff
12 _
13 "' \ {-5 I
14 Lb / »
S:\ F H\State Farm\Simn1s\Pleadings\Second Supp Jl.wpd
15
16
17
18
19
20
21
22
23
24
25
26
2
Case 2:03-ov—01415—ROS Document 174 Filed 06/23/2006 Page 2 of 4

Breach of Contract - Material Breach
Plaintiff contends that there has been a breach of the contract. Breach of contract
occurs when a party fails to do something required by the contract. Plaintiff has the burden
of proving the breach.
SOURCE: RAI I (CIVIL) fourth, Contract 9 - Material Breach (modified)
Case 2:03-cv—01415—ROS Document 174 Filed 06/23/2006 Page 3 of 4

Measure of Direct Damages - Breach of Contract
If you find that defendant is liable to plaintiff for breach of contract, you must then
decide the full amount of money that will reasonably and fairly compensate plaintiff for the
damages proved by the evidence to have resulted naturally and directly from the breach of
contract. The damages you award for breach of contract must be the amount of money that
will place plaintiff in the position plaintiff would have been in if the contract had been
performed.
The insurance contract requires Additional Living Expenses to be incurred and
submitted. Plaintiff cannot recover Additional Living Expense benefits for breach of
contract in excess of the charges set forth in Exhibit 15.
SOURCE: RAI I (CIVIL) 3d, Contract 17 (modified)
Case 2:03-cv—01415—ROS Document 174 Filed 06/23/2006 Page 4 of 4

Case 2:03-cv-01415-ROS

Document 174

Filed 06/23/2006

Page 1 of 4

Case 2:03-cv-01415-ROS

Document 174

Filed 06/23/2006

Page 2 of 4

Case 2:03-cv-01415-ROS

Document 174

Filed 06/23/2006

Page 3 of 4

Case 2:03-cv-01415-ROS

Document 174

Filed 06/23/2006

Page 4 of 4