Former Civil Jury Instructions

(Pre-reorg)

Individual Instructions are broken out below:

Preliminary Sections
THE STANDARD INSTRUCTIONS
I
Instructions Before and During Trial
II
General Instructions
III
Issues
IV
Negligence
PL
Product Liability
V
Causation
VI
Damages
PD
Punitive Damages
MI
Miscellaneous
VII
Closing Instructions
VIII
Verdict Forms
Model Forms of Jury Charges
Index

Preliminary Sections


THE STANDARD INSTRUCTIONS:

I Instructions Before and During Trial

*Currently, there are two instructions that have been erroneously numbered 1.13 at the time of adoption. The committee has proposed that the Supreme Court renumber these instructions so that the instruction titled “jury to be guided by official English translation/interpretation” will be numbered instruction 1.13 and the instruction titled “questions by jurors” will be numbered 1.14.


II General Instructions


III Issues


IV Negligence


PL Product Liability

Instructions for ALL Product Liability

  • PL 1 Express warranty
  • PL 2 Implied warranty of merchantability
  • PL 3 Implied warranty of fitness for particular purpose
  • PL 4 Strict liability (manufacturing defect)
  • PL 5 Strict liability (design defect)
  • Burden of proof (greater weight of the evidence)
  • Defense issues

V Causation


VI Damages


PD Punitive Damages


MI Miscellaneous

MI 1 Contribution Among Tortfeasors §768.31, Florida Statutes (Supp. 1976)

MI 1 – All Instructions

  • MI 1.1 Contribution sought in independent or severed action between tortfeasors when there is no issue of reasonableness of amount paid injured party
  • MI 1.2 Contribution sought in independent action between tortfeasors when there is an issue of reasonableness of amount paid in settlement to injured person
  • MI 1.3 Contribution sought by cross-claims between defendant tortfeasors in injured party’s original action against them
  • MI 1.4 Contribution sought by third party claim in injured party’s action against third party claimant only
  • MI 1.5 Defense issue and burden of proof of intentional (willful or wanton) conduct

MI 2 (Reserved by Committee)

MI 3 Insurer’s Bad Faith

MI 4 Defamation

MI 5.1 Malicious Prosecution (Issues and Elements)

MI 5.2 Malicious Prosecution (Damages)

MI 6.1 False Imprisonment

MI 7 Tortious Interference with Business Relationships

MI 8 Fraudulent Misrepresentation; Negligent Misrepresentation (Issues & Elements)

MI 9 Emergency Medical Treatment

MI 10 Outrageous Conduct Causing Severe Emotional Distress

MI 11 Civil Theft (Fla. Stat. § 772.11)

MI 12.1 Breach of Contract Existence of Contract Admitted (terms unambiguous)

MI 13 Claim for Personal Injury Protection Insurance Benefits (PIP) (Medical Benefits Only)


VII Closing Instructions


VIII Verdict Forms

Form of Verdict Itemizing Damages Introductory Comment


Model Forms of Jury Charges

Model Charges Index

Notice Concerning Use of Model Charges

  • Model Charge No. 1: automobile collision; comparative negligence; single claimant and defendant; no counterclaim; no-fault threshold issue
  • Model Charge No. 2: automobile collision; driver’s comparative negligence; failure to wear seat belt; single claimant and defendant; no counterclaim
  • Model Charge No. 3: automobile collision; comparative negligence; wrongful death damages
  • Model Charge No. 4: automobile collision; comparative negligence; claim and counter-claim
  • Model Charge No. 5: injury in 3-car collision; settlement with injured party by one tortfeasor; independent contribution claim by him against others; reasonableness of settlement as well as liability contested
  • Model Charge No. 6: claimant suing three alleged joint tortfeasors; comparative negligence in issue; contribution shares to be determined in action 36
  • Model Charge No. 7: product liability case; negligence and implied and express warranty claims; comparative negligence as defense
  • Model Charge No. 8: product liability case; negligence and strict liability claims; comparative negligence defense