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IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS. CIVIL ACTION NO. DEFENDANT JURY INSTRUCTION NO. P- 1 Members of the jury, you have heard all of the testimony and received the evidence and will shortly hear arguments of counsel. The Court will presently instruct you as to the rules of law which you will use and apply to this evidence in reaching your verdict. When you took your places in the jury box, you made an oath that you would follow and apply these rules of law to the evidence in reaching your verdict in this case. It is, therefore, your duty as not to be concerned with the wisdom of any rule of law. Regardless of any opinion you may have as to what the law ought to be. It would be a violation of your sworn duty to base your verdict upon any other view of the law than that given in these instructions by the Court.You are not to single out one instruction alone as stating the law, but you must consider these instructions as a whole.It is your exclusive province to determine the facts in this case and to consider and weigh the evidence for that purpose. The authority thus vested in you is not an arbitrary power but must be exercised with sincere judgment. Sound discretion and in accordance with the rules of law stated to you by the Court.Both Ms. and the defendant have a right to expect that you will conscientiously consider and weigh the evidence and apply the law of the case. It is your duty to determine the facts and to determine them from the evidence produced in open court. You are required to apply the law to the facts and in this was decide the case. You should not be influenced by bias, sympathy or prejudice. Your verdict should be based on the evidence and not upon speculation, guesswork or conjecture.You are required and expected to use your good common sense and sound honest judgment in considering and weighing the testimony of each witness who has testified in this case. The evidence which you are to consider consists of the testimony and statements of witnesses and the exhibits offered and received. You are also permitted to draw such reasonable inferences from the evidence as seem justified in the light of your own experience.Arguments, statements and remarks of counsel are intended to help you understand the evidence and apply the law, but are not evidence. If any argument, statement or remark of counsel has basis in evidence, then you should disregard that argument, statement or remark.The production of evidence in Court is governed by rules of law. From time to time during the trial it has been my duty as Judge to rule on the admissibility of evidence. You must not concern yourself with the reasons for the Court's rulings since they are controlled and governed by rules of law. You should not infer from any rulings by the Court on these motions or objections to the evidence that the Court has any opinion on the merits favoring one side or another. You should not speculate as to possible answers to questions which the Court did not require to be answered. Further, you should not draw and inference from the content of these questions. You are to disregard all evidence which was excluded by the Court from consideration during the course of the trial.If in stating the law to you I repeat any rule, direction or idea, or if I state the same in varying ways, no emphasis is intended and you must not draw any inference therefrom. The order in which these instructions are given has no significance as to their relative importance. IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS. CIVIL ACTION NO. DEFENDANT JURY INSTRUCTION NO. P- 2 The verdict of the Jury must represent the considered judgment of each juror. It is your sworn duty as jurors to consult with one another and to deliberate to reach an agreement, if you can do so without violence to your individual judgment. Each of you must decide the case for yourself, but must do so only after you impartially consider the evidence with your fellow jurors. In the course of your deliberations, do not hesitate to re-examine your own views and change your opinion, if you become convinced it is wrong. However, do not surrender your honest convictions about the weight or effect of evidence solely because of the opinion of your fellow jurors or for the mere purpose of returning a verdict. IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS. CIVIL ACTION NO. DEFENDANT JURY INSTRUCTION NO. P- 3 Upon retiring to the jury room, you will select one from among your number to act as foreperson. The foreperson will preside over your deliberations and will be your spokesperson before the Court.If it becomes necessary during your deliberation to communicate with me, please write out your message or question and pass the not to the Bailiff. No member of the jury should ever attempt to communicate with me by any means other than a signed writing.Bear in mind also that you are never to reveal to any person not even to me how the jury stands, numerically or otherwise, until after you have reached a verdict unless you are asked by me in open court to do so. IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS. CIVIL ACTION NO. DEFENDANT JURY INSTRUCTION NO. P- 4 It is not necessary that all twelve of you agree upon a verdict in this case. When any nine or more of your members have agreed upon a verdict, it may be returned in the Court as the verdict of the entire jury. IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS. CIVIL ACTION NO. DEFENDANT JURY INSTRUCTION NO. P- 6 has made a claim that he/she fell at the defendant's store by reason of Defendant's failure to maintain the premises in a reasonably safe condition, and he/she must prove the material elements of the claim, but only by a preponderance of the evidence. The elements of negligence are duty, breach of duty, proximate causation and injury. IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS. CIVIL ACTION NO. DEFENDANT JURY INSTRUCTION NO. P- 7 The phrase "preponderance of the evidence" means that evidence which is most consistent with the truth as measured by the experience and the judgment of the jury; that which accords best with reason and probability. It does not depend upon the number of witnesses. It does depend upon the weight and credibility that you, as jurors, give to the witnesses. It is that evidence which, after examination, has a greater persuasive and convincing power. That evidence which, when considered and compared with that opposed to it, has more convincing force and produces in your mind's belief that what is sought to be proved is more likely true than not. IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS. CIVIL ACTION NO. DEFENDANT JURY INSTRUCTION NO. P- 8 The Plaintiff, seeks an award of money damages from (" ") for its negligence in maintaining its premises. If you find that has proven, by a preponderance of the evidence, that has acted negligently, then you must find for the Plaintiff, , and award damages. IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS. CIVIL ACTION NO. DEFENDANT JURY INSTRUCTION NO. P-10 A jury question is created with respect to Defendant's failure to maintain the premises in a reasonably safe condition if the accumulation of water located in the interior of the premises is a condition that one would not normally encounter and therefore would not expect. IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS. CIVIL ACTION NO. DEFENDANT JURY INSTRUCTION NO. P-13 The defendant may not claim that the water which accumulated on the floor was "open and obvious" to thereby absolving the defendant of a duty to clean up the area in a timely fashion. IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS. CIVIL ACTION NO. DEFENDANT JURY INSTRUCTION NO. P-16 The substantive law of the collateral source rule precludes Defendant from offsetting its damages by benefits received by , if any, from an insurance carrier or other similar source. Accordingly, any evidence of such collateral benefits and its source is irrelevant and is therefore inadmissible pursuant to Miss. Rule of Evidence 402. IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS. CIVIL ACTION NO. DEFENDANT CERTIFICATE OF SERVICE I, , attorney for , do hereby certify that I have this day delivered, via hand delivery a true correct copy of the above and foregoing Jury Instructions to the following: This the day of , 20 . RESPECTFULLY SUBMITTED,____________________________