Jury Instruction (Page 4 of 4) in pdf

Jury Instruction Page 4

Case 1:03-cv-01008-WDM-KLM

Document 192-2

Filed 02/10/2006

Page 4 of 4

INSTRUCTION NO.

Outrageous Conduct

For the plaintiff to recover from either defendant on his claim of extreme and

outrageous conduct, you must find that the following matters have been proved by a

preponderance of the evidence as to that particular defendant:

1. Defendant engaged in extreme and outrageous conduct as defined herein;

2. Defendant did so recklessly or with intent of causing plaintiff severe

emotional distress; and

3. Defendant’ s conduct caused the plaintiff severe emotional distress.

If you find that any of these matter has not been proved, then your verdict must

be for the defendant.

On the other hand, if you find that the affirmative defense of good faith as

defined elsewhere in these instructions has been proved by a preponderance of the

evidence, then your verdict must be for the defendant.

However, if you find that the affirmative defense has not been proved, then your

verdict must be for plaintiff.

Jury Instruction Page 4