PATTERN JURY INSTRUCTION COMMISSION

JUNE 2000 MEETING

The Pattern Jury Instruction Commission met Friday, June 16, 2000, at the International Inn, Minot, during the annual state bar meeting.

MEMBERS PRESENT: B. Blazer, J. Hagerty, J. McLees, J. Rustad

MEMBERS ABSENT: K. Brust, J. McClintock, S. Plambeck, J. Simonson, T. Slorby, D. Vogel, J. Vukelic

GENERAL BUSINESS

Chair Brenda Blazer called the meeting to order. Judge Hagerty was thanked for her service on the commission and presented with a plaque. Judge Bekken is the new appointee. J. McClintock will chair the Commission for the 2000-01 year. The Vice-Chair will be elected at the October meeting.

Minutes. Minutes of the March 2000 meeting were reviewed.

Motion to approve: J. McLees

Second: J. Hagerty

Approved

Financial Report. The 1999/2001 budget allocation is $23,000. Through April 30, 2000, the Commission spent $7,761.

Review of Instructions. The following instructions were reviewed.

a. Civil

Acting in Concert

Burden of Proof

Damages: Damages (In General), Damages Defined, Elements of Damages, Life Expectancy

(Wrongful Death), Life Expectancy

Fault: Definition of Fault, Comparative Fault, Accident-Causing Fault and Injury-Causing

Fault, No Inference of Fault from Accident or Injury, Special Verdict - Fault, Contributory Negligence (Deleted), Alternative Findings (Deleted), Diminution of Damages Because of Contributory Negligence (Deleted)

Sex Discrimination (Hostile Work Environment)

Sudden Emergency

b. Criminal

Carrying Loaded Firearm in Vehicle

Registration Requirement (Sexual Offenders and Offenders Against Children)

Motion to approve: J. Hagerty

Second: J. McLees

Approved

ADMINISTRATIVE DETAILS

The next meeting will be October 5^th and 6^th at the Heritage Center in Bismarck.

Assignments.

1. Ordinary Negligence, Assumption of Risk (products liability, non-products liability), Distracting Circumstances, Momentary Forgetfulness of Danger (K. Brust, D. Vogel, S. Plambeck)

2. Constructive Fraud/Deceit (S. Plambeck)

3. Request from E.J. Bosch: a jury instruction "on the burden of proof beyond a reasonable doubt on non-existence of self-defense issue as an essential element of the crime--possible notes, additional citations (including State v. Olander, 1998 ND50, 575 NW2d 658), and cross-references to criminal offenses in which self-defense may be applicable (J. McLees)

4. DUI/APC (T. Slorby)

5. Earning Capacity (J. McLees)

6. Review of instructions submitted by Judge Medd: This case involved allegedly intentionally interfering with a business advantage, breaching an employment agreement, and interfering with the patient/physician relationship. Instructions to review include Conversion, When a Lease of Real Property Expires, Leases - Notice by Landlord to Change Term - When Effective, Tortious Interference with Contractual Relationships, Tortious Interference with a Business and Prospective Economic Advantage, Loss of Profits as Damages, Nominal Damages - Defined, and Duplication of Damages (B. Blazer).

Motion to adjourn: J. Rustad

Second: J. Hagerty

Approved

Respectfully submitted,

Lynn A. Kerbeshian
Staff Attorney
2575 So. 35^th St.
Grand Forks, ND 58201
(701) 775-6220
e-mail: jkerbesh@medicine.nodak.edu