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Momeni-Kuric v. Metropolitan Property and Casualty Insurance Co.

United States District Court, W.D. Kentucky, Louisville Division

August 2, 2019

TARANEH F. MOMENI-KURIC Plaintiff
v.
METROPOLITAN PROPERTY AND CASUALTY, INSURANCE COMPANY Defendant

          JURY INSTRUCTIONS

         Members of the jury, these instructions will be in three parts: first, general rules that define and control your duties as jurors; second, the rules of law that you must apply in deciding whether the Plaintiff has proven her case; and third, some rules for your deliberations. A copy of these instructions will be available for you in the jury room.

         I. GENERAL RULES CONCERNING JURY DUTIES

         Now that you have heard the evidence and the argument, it is my duty to instruct you about the applicable law. It is your duty to follow the law as I will state it. You must apply the law to the facts as you find them from the evidence in the case. Do not single out one instruction as stating the law, but consider the instructions as a whole. Do not be concerned about the wisdom of any rule of law stated by me. You must follow and apply the law.

         Nothing I say in these instructions indicates I have any opinion about the facts. You, not I, have the duty to determine the facts.

         You must perform your duties as jurors without bias or prejudice as to any party. The law does not permit you to be controlled by sympathy, prejudice, or public opinion. All parties expect that you will carefully and impartially consider all the evidence, follow the law as it is now being given to you, and reach a just verdict, regardless of the consequences.

         BURDEN OF PROOF

         Plaintiff has the burden in a civil action, such as this, to prove every essential element of plaintiffs claim by a preponderance of the evidence. If plaintiff should fail to establish any essential element of plaintiffs claim by a preponderance of the evidence, you should find for defendant as to that claim.

         "Establish by a preponderance of the evidence" means evidence, which as a whole, shows that the fact sought to be proved is more probable than not. In other words, a preponderance of the evidence means such evidence as, when considered and compared with the evidence opposed to it, has more convincing force, and produces in your minds belief that what is sought to be proved is more likely true than not true. This standard does not require proof to an absolute certainty, since proof to an absolute certainty is seldom possible in any case.

         EVIDENCE

         Unless you are otherwise instructed, the evidence in the case consists of the sworn testimony of the witnesses, here in Court or by video deposition, regardless of who called the witness, all exhibits received in evidence regardless of who may have produced them, and all facts and events that may have been admitted.

         Statements, arguments, objections, and questions by the lawyers are not evidence. The lawyers are not witnesses. What they have said in their opening statement, closing arguments, and at other times is intended to help you understand the evidence, but it is not evidence. Anything you may have seen or heard when the Court was not in session is not evidence.

         DIRECT AND CIRCUMSTANTIAL EVIDENCE

         There are two kinds of evidence: direct and circumstantial.

         "Direct evidence" is direct proof of a fact, such as testimony by a witness about what the witness said or heard or did.

         "Circumstantial evidence" is proof of one or more facts from which you could find another fact.

         You should consider both kinds of evidence. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. You are to decide how much weight to give any evidence.

         CREDIBILITY OF WITNESSES

         You are the sole judges of the credibility of the witnesses and the weight their testimony deserves. You may be guided by the appearance and conduct of a witness, or by the manner in which a witness testifies, or by the character of the testimony given, or by evidence contrary to the testimony.

         You should carefully examine all the testimony given, the circumstances under which each witness has testified, and every matter in evidence tending to show whether a witness is worthy of belief. Consider each witness' intelligence, motive and state of mind, and demeanor or manner while testifying.

         Consider the witness' ability to observe the matters as to which the witness has testified, and whether the witness impresses you as having an accurate recollection of these matters. Also, consider any relation each witness may have with either side of the case, the manner in which each witness might be affected by the verdict, and the extent to which the testimony of each witness is either supported or contradicted by other evidence in the case.

         Inconsistencies or discrepancies in the testimony of a witness, or between the testimony of different witnesses may or may not cause you to discredit such testimony. Two or more persons seeing an event may see or hear it differently.

         In weighing the effect of a discrepancy, always consider whether it pertains to a matter of importance or an unimportant detail, and whether the discrepancy ...


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