2942. Damages for Death of Employee

2942. Damages for Death of Employee Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 If you decide that [name of plaintiff] has proved [his/her] claim against [name of defendant] for the death of [name of decedent], you also must decide how much money will reasonably compensate [name of plaintiff] for this loss. This compensation is called damages. [Name of plaintiff] must prove the amount of [his/her] damages. However, [name of plaintiff] does not have to prove the exact amount of these damages. You must not speculate or guess in awarding damages. The following are the specific items of damages claimed by [name of plaintiff]: 1. The reasonable value of money, goods, and services that [name of decedent] would have provided [name of plaintiff] during either the life expectancy that [name of decedent] had before [his/her] death or the life expectancy of [name of plaintiff], whichever is shorter; [The monetary value of [name of minor child]'s loss of any care, attention, instruction, training, advice, and guidance from [name of decedent];] Any pain and suffering that [name of decedent] experienced as a result of [his/her] injuries; and The reasonable expense of medical care and supplies reasonably needed by and actually provided to [name of decedent]. 2. 3. 4. Do not include in your award any compensation for [name of plaintiff]'s grief, sorrow, or mental anguish or the loss of [name of decedent]'s society or companionship. 2942. Damages for Death of Employee Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 In deciding a person's life expectancy, consider, among other factors, that person's health, habits, activities, lifestyle, and occupation. Life expectancy tables are evidence of a person's life expectancy but are not conclusive. Any award you make for the value of any money and services that you decide [name of decedent] would have provided [name of plaintiff] in the future should be reduced to present value. Any award you make for the value of any money and services you decide [name of decedent] would have provided [name of plaintiff] between the date of [his/her] death on [date of death] and the present should not be reduced to present value. [In computing damages, consider the losses suffered by all plaintiffs and return a verdict of a single amount for all plaintiffs. I will divide the amount [among/between] the plaintiffs.] ________________________________________________________________________________ New September 2003; Revised December 2011