Fill and Sign the Jury Instruction 12121 General Instruction Form

12.1 Odometer Tampering - Motor Vehicle Information And Cost Savings Act (49 USC § 32701, et. seq.) In this case the Plaintiff claims that the Defendant violated a federal law against tampering with odometers in motor vehicles. An odometer is the instrument placed in the vehicle by the manufacturer for measuring and recording the total, actual distance or mileage a motor vehicle has traveled. The Plaintiff claims that the Defendant, with the intent to defraud, altered the odometer in the vehicle prior to its sale by changing the odometer to show a lower number of miles than the vehicle had actually been driven. In order to prevail on this claim, the Plaintiff must prove both of the following facts by a preponderance of the evidence: First: That the Defendant or its agent altered the odometer in the vehicle by changing the number of miles it had recorded; and Second: That the Defendant or its agent so acted with the intent to defraud someone. [In the verdict form that I will explain in a moment, you will be asked to answer a series of questions concerning each of these factual issues.] It is not necessary for the Plaintiff to prove that the Plaintiff personally was actually defrauded or that the Plaintiff was the specific person intended to be defrauded; but, in order to recover, it is necessary for the Plaintiff to prove that the Defendant intended to defraud someone. To act with the intent to defraud means to act with the specific intent to deceive or cheat someone, ordinarily for the purpose of bringing some financial gain to one's self. If a preponderance of the evidence does not support the Plaintiff's claim, then your verdict should be for the Defendant. However, if a preponderance of the evidence does support the Plaintiff's claim, the Plaintiff would be entitled to recover either three times the amount of actual damages shown by the evidence to have been sustained, or $1,500, whichever is the greater. In considering the issue of the Plaintiff's damages, you are instructed that you should assess the amount you find to be justified by a preponderance of the evidence as full, just and reasonable compensation for all of the Plaintiff's damages, no more and no less. Compensatory damages are not allowed as a punishment and must not be imposed or increased to penalize the Defendant. Also, compensatory damages must not be based on speculation or guesswork because it is only actual damages that are recoverable. In this case the Plaintiff’s actual damages would be measured by the difference between the amount paid for the vehicle by the Plaintiff and the true retail value of the vehicle on the date of sale if the vehicle’s actual mileage had been disclosed on the odometer at that time. After arriving at the Plaintiff’s actual damages, you would then multiply by three and enter the resulting amount on your verdict form. If, however, that calculation results in a figure less than $1,500.00, you would then enter the sum of $1,500.00 as the Plaintiff’s statutory damages. 12.1 Odometer Tampering - Motor Vehicle Information And Cost Savings Act (49 USC § 32701 et. seq.) SPECIAL INTERROGATORIES TO THE JURY Do you find from a preponderance of the evidence: 1. That the Defendant or its agent altered the odometer on the vehicle by changing the number of miles it had recorded? Answer Yes or No [Note: If you answered No to Question No. 1 you need not answer the remaining questions.] 2. That the Defendant or its agent so acted with the intent to defraud someone? Answer Yes or No [Note: If you answered No to Question No. 1 you need not answer the remaining questions.] 3. That the Plaintiff should be awarded damages as follows: (a) Actual damages multiplied by three $       OR (B) Statutory damages (Insert $1,500.00 if the answer to subpart (a) is less than that amount) $       SO SAY WE ALL. Foreperson DATED:       ANNOTATIONS AND COMMENTS 49 USC § 32703 A person may not - -* * * * * (2) disconnect, reset, alter, or have disconnected, reset, or altered, an odometer of a motor vehicle intending to change the mileage registered by the odometer. . . . 49 USC § 32710 - - Civil actions by private persons. (a) Violation and amount of damages. - - A person that violates this chapter or a regulation prescribed or order issued under this chapter, with intent to defraud, is liable for 3 times the actual damages or $1,500, whichever is greater. (b) Civil actions. - - A person may bring a civil action to enforce a claim under this section in an appropriate United States district court or in another court of competent jurisdiction. The action must be brought not later than 2 years after the claim accrues. The court shall award costs and a reasonable attorney’s fee to the person when a judgment is entered for that person.