Sam M. v. Chafee Plaintiff's Memorandum of Law

Jury Instruction

IN THE CIRCUIT COURT OF , MISSISSIPPI

AND , BY AND THROUGH PLAINTIFFS

HER MOTHER AND NEXT FRIEND,

VS. NO.

AND DEFENDANTS

INSTRUCTION NO.

The Court instructs the jury that the Plaintiffs, , and , had a duty to exercise reasonable care for their own safety at the time of the accident. As used in this instruction, the phrase "reasonable care" means that standard of care by which an ordinary, reasonable person would use under similar circumstances as the circumstances existing at the time of the accident. If you find that any of the Plaintiffs failed at the time of the accident to exercise such reasonable care, and if you further find that such failure, if any, was the sole and proximate cause of the accident and any resulting injuries, then your verdict must be for the Defendants, , and . If you find any such failure to exercise reasonable care on the part of Plaintiffs, , and , and if you further find such failure, if any, was a proximate contributing cause of the accident and any resulting injuries, then even if you return a verdict for any of the Plaintiffs, a verdict for any of the Plaintiffs under these circumstances must be reduced in proportion to such proximate contributing negligence, if any, so found on the part of each Plaintiff. You should separately consider the claims of each Plaintiff and each Plaintiff's conduct in determining whether, under this instruction, you find for each Plaintiff and the extent of each Plaintiff's contributing negligence, if any. The standard of care applicable to , a minor, for purposes of this instruction is that standard of care which an ordinary, reasonable

person of like age and experience would use under similar circumstances as the circumstances existed at the time of the accident.