VF 3203. Breach of Express Warranty New Motor Vehicle Civil Penalty Sought

VF-3203. Breach of Express Warranty--New Motor Vehicle-- Civil Penalty Sought Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1. Did [name of plaintiff] [buy/lease] [a/an] [new motor vehicle] [from/distributed by/manufactured by] [name of defendant]? ____ Yes ____ No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Did [name of defendant] give [name of plaintiff] a written warranty? ____ Yes ____ No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. Did the vehicle have a defect covered by the warranty that substantially impaired the vehicle's use, value, or safety to a reasonable [buyer/lessee] in [name of plaintiff]'s situation? ____ Yes ____ No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. VF-3203. Breach of Express Warranty--New Motor Vehicle-- Civil Penalty Sought Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 4. Did [name of defendant] or its authorized repair facility fail to repair the vehicle to match the written warranty after a reasonable number of opportunities to do so? ____ Yes ____ No If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. Did [name of defendant] fail to promptly replace or repurchase the vehicle? ____ Yes ____ No If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. What are [name of plaintiff]'s damages? Calculate as follows: Add the following amounts: a. b. c. The purchase price of the vehicle itself: Charges for transportation and manufacturerinstalled options: Finance charges actually paid by [name $ $ VF-3203. Breach of Express Warranty--New Motor Vehicle-- Civil Penalty Sought 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 of plaintiff]: d. e. Sales tax, license fees, registration fees, and other official fees: Incidental and consequential damages: $ $ $ [SUBTOTAL/TOTAL DAMAGES:] $ [Calculate the value of the use of the vehicle before it was [brought in/submitted] for repair as follows: 1. 2. Add dollar amounts listed in lines a and b above: $ Multiply the result in step 1 by the number of miles the vehicle was driven before it was [brought in/submitted] for repair: Divide the dollar amount in step 2 by 120,000 and insert result in VALUE OF USE below: VALUE OF USE: $ Subtract the VALUE OF USE from the SUBTOTAL above and insert result in TOTAL DAMAGES below: TOTAL DAMAGES: $ ] $ 3. [What is the number of miles that the vehicle was driven between the time VF-3203. Breach of Express Warranty--New Motor Vehicle-- Civil Penalty Sought 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 when [name of plaintiff] took possession of the vehicle and the time when [he/she/it] first delivered the vehicle to [name of defendant] or its authorized repair facility to fix the problem? Answer: miles] Answer question 7. 7. Did [name of defendant] willfully fail to repurchase or replace the [new motor vehicle]? _____ Yes _____ No If your answer to question 7 is yes, then answer question 8. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 8. What amount, if any, do you impose as a penalty? [You may not exceed two times the "TOTAL DAMAGES" that you entered in question 6.] $ PENALTY: $ Signed: Dated: After [this verdict form has/all verdict forms have] been signed, notify the Presiding Juror ] VF-3203. Breach of Express Warranty--New Motor Vehicle-- Civil Penalty Sought 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 [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom. ________________________________________________________________________________ New September 2003; Revised February 2005, June 2005, December 2005, February 2007, December 2010