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IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFF VS. NO. DEFENDANT JURY INSTRUCTION NO. The Court instructs the jury that in the event you find that the unreasonably dangerous condition which caused or contributed to the fall of was open and obvious to her, a s opposed to latent and hidden; and if you further find that was contributorily negligent in proceeding into such open and obvious danger to her own injury: then, in such event, you shall not simply return a verdict for either party but rather you shall first find the total amount of 's damages, if any, and then reduce her damages by the amount of her damages which you fi nd to have been caused by her own contributory negligence, if any; and in such manner you shall arrive at your final verdict. You shall bear in mind that the Defendants have the burden of proof concerning contributory negligence, both as to negligence and as to any damages resulting therefrom. You are further instructed that contributory negligence is defined as an omission of an ac t which a reasonably prudent person would not have omitted to do under the circumstances then existing or the commission of an act which a reasonably prudent person would not have committed under the circumstances then existing. You shall not reduce any award for you would have otherwise made on account of contributory negligence, unless you further find that such contributory negligence,if any, resulted in or contributed to her injuries. P-5

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