Special Verdict Form - Example (Page 4 of 4) in pdf

least one of the following:

Ajax departed from the standard of care of reasonably well-qualified

contractors in the design of the absorber towers for Units 1 and 2 of the removal system.

Ajax failed to use ordinary care in the placement of the concrete for the

absorber tower walls in that the walls contained excessive honeycombs, voids and sandpockets.

Public Utility Company has the burden of proving, that such negligence was a cause of the

structural crack that appeared in the wall of G-H cell, and of resulting damages.

Ajax denies what Public Utility Company says about negligence and Ajax says that Public

Utility Company itself was negligent.

To establish negligence of Public Utility Company, Ajax has the burden of proving at least

one of the following:

Operational personnel of Public Utility Company failed to use ordinary care

by allowing the absorbers to be filled with water beyond their designed capacity.

In the design of the absorber towers, engineers for Public Utility Company

failed to use ordinary care when it rejected the Ajax recommendation for an overflow valve to

prevent inadvertent overfilling of the absorbers.

Ajax has the burden of proving that such negligence of Public Utility Company was a cause

of the structural crack which appeared in the wall of G-H cell.

Public Utility Company denies what Ajax says about such negligence.

To establish breach of express warranty on the part of Ajax, Public Utility Company has the

burden of proving Ajax affirmed in writing that the absorber walls would be constructed without

defects in material and workmanship and the walls, as constructed, contain substandard placement

of concrete including voids, honeycombs and sandpockets.

Public Utility Company has the burden of proving that a breach of express warranty was a

cause of the damages.

Ajax denies what Public Utility Company says about breach of express warranty and Ajax

says Public Utility Company failed to provide written notice of any breach of express warranty

within the time period specified in the contract.

Public Utility Company denies what Ajax says about failure to provide written notice of

breach of express warranty.

[As amended, effective January 1, 1987; November 1, 1991; March 1, 2005, as amended by

Supreme Court Order No. 13-8300-021, effective for all cases pending or filed on or after December

31, 2013.]

Special Verdict Form - Example Page 4