This form is a sample set of jury instructions regarding the type of damages to be awarded.
Ohio Jury Instruction - Personal Injury
State:
Multi-State
Control #:
US-PI-0273
Format:
Word;
Rich Text
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How to fill out Jury Instruction - Personal Injury?
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FAQ
The question of proximate cause in this context is ordinarily for the jury unless the facts are undisputed and do not admit reasonable differences of opinion, in which case cause in fact is a question of law for the court.
The OJI defines proximate cause as follows, "'(Proximate) (Direct) cause' is an act or failure to act that in the natural and continuous sequence directly produced the (injury) (death) (damages) and without which the (injury) (death) (damages) would not have occurred." Ohio Jury Instructions, CV Section 405.01 (Rev.
The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
The defendant must prove [duress] [coercion] [compulsion] by a preponderance of the evidence. A preponderance of the evidence means that you must be persuaded that the things the defendant seeks to prove are more probably true than not true.
Pattern Jury Instr. Civ. WPI 15.01 (7th ed.) The term ?proximate cause? means a cause which in a direct sequence [unbroken by any superseding cause,] produces the [injury] [event] complained of and without which such [injury] [event] would not have happened.
In addition to using Case Evaluator, you can search jury verdict and settlement summaries databases. To access these databases, click Dockets, Trial Filings, and Jury Verdicts at the top of the page, then click a link, e.g., National Jury Verdicts, in the Jury Verdicts section.
What is the difference between proximate cause and actual cause? Actual cause, or cause in fact, is the direct cause of an accident. Proximate cause, or legal cause, is an underlying cause of an accident. For example, if a truck driver swerves and hits a car, the driver is the actual cause of the accident.
Proximate cause has been defined as "that cause which, in natural and con- tinuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred." 22 R. C. L. 110 (1918). the prior conduct is found to have created an unreasonable risk.