IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

DELOISE PRICE, | 

 | 

 PLAINTIFF | 

 | 

VS. | CASE NO. 2:06-CV-721 

 | 

WAL-MART STORES, INC., | 

et al., | 

 | 

 DEFENDANTS | 

DEFENDANTS’ SUPPLEMENTAL REQUESTED JURY INSTRUCTIONS

 Come now the Defendants and submit the attached jury instructions. These 

instructions are in addition to the requested instructions filed by Defendants 

previously in this matter. 

 _/s/ Bethany L. Bolger___________

 Dennis R. Bailey 

 Bethany L. Bolger 

 Attorneys for Defendants 

Of counsel: 

RUSHTON, STAKELY, JOHNSTON & GARRETT, P.A. 

184 Commerce Street 

Post Office Box 270 

Montgomery, Alabama 36101-0270 

(334) 206-3234 (phone) 

(334) 481-0031 (fax) 

drb@rsjg.com (e-mail) 

blb@rsjg.com (e-mail) 

Case 2:06-cv-00721-MHT-TFM Document 47 Filed 01/22/2008 Page 1 of 5
CERTIFICATE OF SERVICE

 I hereby certify that I have filed the foregoing pleading through the CM/ECF 

system on this the 22nd day of January 2008, which will forward same to: 

 Jock M. Smith 

 Valerie Rucker Russell 

 Cochran, Cherry, Givens, Smith, Lane & Taylor 

 Post Office Box 830419 

 Tuskegee, Alabama 36083 

 /s/ Bethany L. Bolger______________

 Of counsel 

2

Case 2:06-cv-00721-MHT-TFM Document 47 Filed 01/22/2008 Page 2 of 5
11th Cir. PJI (Civil 2005) 3: Credibility of Witnesses 

Now, in saying that you must consider all of the evidence, I do not mean that 

you must accept all of the evidence as true or accurate. You should decide whether 

you believe what each witness had to say, and how important that testimony was. 

In making that decision you may believe or disbelieve any witness, in whole or in 

part. Also, the number of witnesses testifying concerning any particular dispute is 

not controlling. 

In deciding whether you believe or do not believe any witness I suggest that 

you ask yourself a few questions: Did the witness impress you as one who was 

telling the truth? Did the witness have any particular reason not to tell the truth? 

Did the witness have a personal interest in the outcome of the case? Did the 

witness seem to have a good memory? Did the witness have the opportunity and 

ability to observe accurately the things he or she testified about? Did the witness 

appear to understand the questions clearly and answer them directly? Did the 

witness' testimony differ from other testimony or other evidence? 

GIVEN__________ REFUSED__________ 

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Case 2:06-cv-00721-MHT-TFM Document 47 Filed 01/22/2008 Page 3 of 5
11th Cir. PJI (Civil 2005) 4.1: Impeachment of Witnesses - Inconsistent 

Statement

 You should also ask yourself whether there was evidence tending to prove 

that the witness testified falsely concerning some important fact; or, whether there 

was evidence that at some other time the witness said or did something, or failed to 

say or do something, which was different from the testimony the witness gave 

before you during the trial. 

You should keep in mind, of course, that a simple mistake by a witness does 

not necessarily mean that the witness was not telling the truth as he or she 

remembers it, because people naturally tend to forget some things or remember 

other things inaccurately. So, if a witness has made a misstatement, you need to 

consider whether that misstatement was simply an innocent lapse of memory or an 

intentional falsehood; and the significance of that may depend on whether it has to 

do with an important fact or with only an unimportant detail. 

GIVEN__________ REFUSED__________ 

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Case 2:06-cv-00721-MHT-TFM Document 47 Filed 01/22/2008 Page 4 of 5
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APJI 15.14: Witnesses Swearing Falsely

 If you find that any witness has willfully sworn falsely as to any material 

fact in this case, you may disregard the testimony of that witness in its entirety. 

GIVEN__________ REFUSED__________ 

Case 2:06-cv-00721-MHT-TFM Document 47 Filed 01/22/2008 Page 5 of 5