UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY INSTRUCTIONS

COMES NOW DONNA DORSEY DAVIS, by and through her counsel, and 

submits the following proposed jury instructions for consideration by this 

Honorable Court. 

Respectfully submitted, this ____9th____ day of July, 2007. 

//s// Lindsay B. Erwin 

 Lindsay B. Erwin 

 ERW005 

 Attorney for Plaintiff 

Meacham, Earley & Fowler, P.C. 

5704 Veterans Parkway 

Columbus, Georgia 31904 

(706) 576-4064 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 1 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. _____ 

Consideration of the Evidence

Duty to follow Instructions

Corporate Party Involved

In deciding the case you must follow and apply all of the law as I explain it 

to you, whether you agree with that law or not; and you must not let your decision 

be influenced in any way by sympathy, or by prejudice, for or against anyone. 

The fact that a corporation is involved as a party must not affect your 

decision in any way. A corporation and all other persons stand equal before the 

law and must be dealt with as equals in a court of justice. When a corporation is 

involved, of course, it may act only through people as its employees; and, in 

general, a corporation is responsible under the law for any of the acts and 

statements of its employees that are made within the scope of their duties as 

employees of the company. 

In your deliberations you should consider only evidence---that is, the 

testimony of the witnesses and the exhibits I have admitted in the record---but as 

you consider the evidence, both direct and circumstantial, you may make 

deductions and reach conclusions which reason and common sense lead you to 

make. “Direct evidence” is the testimony of one who asserts actual acknowledge 

of a fact, such as an eye witness. “Circumstantial evidence” is proof of a chain of 

facts and circumstances tending to prove, or disprove, any fact in dispute. The 

law makes no distinction between the weight you may give to either direct or 

circumstantial evidence. 

Remember that anything the lawyers say is not evidence in the case. 

And, except for my instructions to you on the law, you should disregard anything I 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 2 of 39
may have said during the trial in arriving at your decision concerning the facts. It 

is your own recollection and interpretation of the evidence that controls. 

11th Circuit Pattern Jury Instruction, Basic Instructions 2.2 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 3 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. _____ 

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? 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 4 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. _____ 

 PRELIMINARY INSTRUCTION TO TRIAL JURY

Ladies and Gentlemen of the jury, before proceeding with the trial of 

this case, it will be helpful to you and to the Court that you understand the 

rules of procedure that will be followed by you and by the court in this 

case. This is a civil case. The procedure for the trial of this case as in all 

civil cases of this character will be as follows: 

Source: APJI 1.01 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 5 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

OPENING STATEMENTS OF COUNSEL

Counsel for the Plaintiff will make an opening statement of their 

case. Counsel for the Defendant will then make their opening statement 

outlining their defense(s). Each side in the opening statement will be 

confined to an outline of the case and a statement of what they expect the 

evidence to show. This statement is intended to familiarize you and the 

Court with the case so that we will be familiar with the theories and 

contentions of each side from the beginning. 

Source: APJI 1.02 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 6 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

STATEMENTS OF COUNSEL AND JUDGE

An attorney is an officer of the court. It is his duty to present 

evidence on behalf of his client, to make such objections as he deems 

proper, and to fully argue his client’s cause. An attorney’s statements and 

arguments are intended to help you understand the evidence and apply 

the law. However, they are not evidence, and you should disregard any 

remark, statement, or argument which is not supported by the evidence or 

by the law as given to you by the court. 

Likewise, statements made by the Court are not evidence and are 

not to be so considered by you. 

Source: APJI 1.03 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 7 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

TAKING EVIDENCE

Following the opening statements by counsel, witnesses will first be 

called by the plaintiff to testify. After the plaintiff has presented witnesses, 

the defendant will then be permitted to call witnesses to testify. All 

witnesses will be sworn and will testify under oath. Their testimony will be 

evidence. There may be exhibits offered which, if received by the Court, 

will also be evidence. It will be upon all of this evidence that you will arrive 

at your final verdict. 

Source: APJI 1.04 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 8 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

DUTY OF THE JUDGE AND JURY

When a judge and a jury sit together as a Court of law it is the duty 

of the Judge to see that the trial progresses in an orderly fashion; to rule 

upon all legal matters that are presented; to define the issues involved and 

instruct the jury as to the law applicable to the particular case. It will be 

your duty as jurors to follow the law as so stated to you by the judge. You 

will therefore render a verdict in accordance with the facts as you 

determine them from the evidence and the law as given to you by the 

Court. 

Source: APJI 1.05 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 9 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

JURY AS JUDGE OF FACTS

You will be the sole and exclusive judges of the facts. It will be your 

duty to attempt to reconcile the testimony of all the witnesses so as to 

make them all speak the truth, if this can be done reasonably. If you 

cannot reasonably reconcile all of the testimony, it is then your duty to 

consider the testimony with the view of determining what the true facts are. 

In so doing, you may accept or reject any part of the testimony of any 

witness, and accept only the testimony you consider worthy of belief. 

Source: APJI 1.06 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 10 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

INTEREST OF WITNESSES

In determining what the true facts are from the evidence, you may 

take into consideration any natural interest or bias a witness may have as 

a result of any connection with the case. You may take into consideration 

the interest or bias a witness may have shown while testifying. You make 

take into consideration the demeanor of any witness, as to whether the 

witness has apparently testified frankly or evasively. You may take into 

consideration any matter which you would in your every day affairs, in 

passing upon the truthfulness and accuracy of the testimony. Weigh the 

testimony in light of your common observation and experience and reach a 

verdict that will be based upon the truth as you determine it from all the 

evidence. 

Source: APJI 1.07 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 11 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

RULINGS ON EVIDENCE AND OBJECTIONS

During this trial I will rule on objections by counsel as to the 

admissibility of testimony and other evidence. It will be the privilege of 

counsel and his duty, to make such objections to the offer of evidence 

which counsel deems illegal and improper. You must not concern yourself 

with the reasons for my rulings since they are controlled and required by 

rules of law. You are not to speculate as to possible answers to questions 

which I do not require to be answered. The overruling of objections to 

evidence is not intended to indicate the weight to be given such evidence 

by you. Such admitted evidence will be considered along with all of the 

other evidence. You are to disregard all evidence which may be excluded 

by the Court. 

Source: APJI 1.08 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 12 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

ORDER OF ARGUMENTS OF COUNSEL

Following the close of the evidence in this case counsel will have the 

privilege of again addressing you. This is sometimes referred to as the 

summation. We refer to it as the argument of counsel. Counsel have the 

right to discuss the evidence and all reasonable inferences to be drawn 

therefrom to help you arrive at a just and true verdict. Counsel for the 

plaintiff will have the right to open the arguments. Counsel for the 

defendant has the right to follow the opening argument. Counsel for the 

plaintiff has the right to the closing argument. 

Source: APJI 1.09 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 13 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

 DUTY OF JURY UPON SUBMISSION

Following the arguments of counsel it will be the duty of the Court to 

state to you the applicable rules to guide you in arriving at your verdict. 

The case will then be submitted to you for your deliberation and verdict. 

Upon retiring to the jury room to consider your verdict you will elect one of 

your number as foreman to moderate your discussion and to sign and 

return the verdict arrived at by you to the court. 

Source: APJI 1.10 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 14 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

JURORS NOT TO DISCUSS CASE DURING TRIAL

Until this case is submitted to you for your deliberations, you must 

not discuss the case with anyone nor permit anyone to discuss the case 

with you or in your hearing. You are to keep an open mind and you shall 

neither discuss nor decide any issue in this case among yourselves until 

the case is submitted to you for your deliberations under the instructions of 

the Court. 

If members of your family or friends or anyone else should ask you 

about the case, you should tell them that you are under the Court's 

instruction not to discuss it. The attorneys, parties and witnesses are not 

permitted to talk to you during the trial. Even a discussion which has no 

relation to the case might give a bad appearance. If the participants in the 

trial fail to greet you or converse with you during this trial, it will be due to 

this rule. 

Source: APJI 1.11 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 15 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

 JURY NOT TO TAKE CUE FROM JUDGE

The judge is not permitted by law to express his opinion or comment 

on the effect of the evidence presented to you, or the credibility of any 

witness in the case; therefore, any ruling, statement or expression which 

may have been made by me during the course of this trial is not to be 

considered by you as any effort on my part to convey to you any feeling or 

opinion about the facts in this case, or the credibility of any witness. 

Source: APJI 1.13 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 16 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

JURORS SHOULD NOT MAKE ANY 

INVESTIGATION OF THEIR OWN 

DURING THE COURSE OF TRIAL

No juror should attempt to make an individual investigation of the 

facts or of the places testified about. It therefore follows that you are not 

authorized to gather evidence on your own account or on behalf of any of 

the parties to this case. You should not attempt to visit or examine any 

object described by the witnesses or counsel unless you are instructed by 

the Court to do so. 

Source: APJI 1.14 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 17 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

JURORS TAKING NOTES 

Ladies and gentlemen you have a legal right to take notes during the 

trial but the Court does not recommend the taking of notes by jurors 

generally. Where there is evidence which deals with figures and 

mathematical calculations, note taking may be useful to you. If notes are 

taken by you, they should be taken simply as an aid to memory and for 

your assistance in that regard and not as authoritative records to show to 

other jurors. 

Source: APJI 1.15 

References: 

Reece v. Simpson, 437 So. 2d 68 (1983 Ala.) 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 18 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

 

RECESS INSTRUCTIONS 

You are cautioned not to discuss this case among yourselves or with 

anyone else (nor to permit anyone to talk to you about the case) until it is 

finally submitted to you for your deliberations. 

Source: APJI 1.18 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 19 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

 INTRODUCTION BEFORE GIVING 

 REQUESTED WRITTEN CHARGES

Ladies and Gentlemen of the jury, in addition to what the Court has 

already said in the oral charge, I am now going to read the following 

requested charge(s). These are correct statements of the law and are to 

be considered by you in connection with what has already been said to you 

by the Court. 

Source: APJI 1.20 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 20 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

JURORS MUST NOT REFER TO OUTSIDE MATERIALS 

There may be some words or phrases or terms used in the trial of 

the case that need to be defined. The Court will give to you the proper 

definition of these words or terms. The legal definition may be different 

from that which you customarily give them. If this should happen, you 

must accept the Court’s definition. In no event should you seek any 

definition of any word or phrase by consulting any book, dictionary, 

encyclopedia, the Internet, or any other source. It would be highly 

improper for you to do so. 

Source: APJI 1.22 

References: 

Nowogorski v. Ford Motor Co., 579 So. 2d 586 (Ala. 1990) 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 21 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

Election of Foreperson 

Explanation of Verdict Forms 

When you go to the jury room you should first select one of your members 

to act as your foreperson. The foreperson will preside over your deliberations 

and will speak for you here in Court. 

 A form of verdict has been prepared for your convenience. 

 (explain verdict) 

 You will take the verdict form to the jury room and when you have reached 

unanimous agreement you will have your foreperson fill in the verdict form, date 

and sign it, and then return to the courtroom. 

 If you should desire to communicate with me at any time, please write 

down your message or questions and pass the note to the marshal who will bring 

it to my attention. I will then respond as promptly as possible, either in writing or 

by having you returned to the courtroom so that I can address you orally. I 

caution you, however, with regard to any message or question you might send, 

that you should not tell me your numerical division at the time. 

11th Circuit Pattern Jury Instruction, Basic Instructions 8. 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 22 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

Impeachment of Witnesses 

Inconsistent Statement 

 You should 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 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 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. 

 11th Circuit Pattern Jury Instruction, Basic Instructions 4.1. 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 23 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

Corporation as Alter Ego of Stockholder 

 In this case, the Plaintiff claims that I-65 Properties, Inc. was a mere 

instrument or tool – what the law calls the alter ego – of the Defendant Richard 

M. Dorsey, so that the separate status of I-65 Properties, Inc. should be 

disregarded and Richard M. Dorsey should be held legally responsible for the 

acts of the Corporation. 

 Under our free enterprise economic system, the law permits, even 

encourages, the formation of corporations as a means of attracting investments 

by stockholders who can invest their money in corporate enterprise without 

risking individual liability for corporate acts and transactions. In return, society 

gets the benefit of the jobs and other commercial activity generated by the 

business of the corporation. 

In most cases, therefore, the status of a corporation as a separate legal 

entity apart from its owners or stockholders must be respected and preserved. 

This rule is not absolute, however, and the separate status of a corporation can 

be disregarded where a stockholder uses a corporation as a mere instrumentality 

or tool for the purpose of evading or violating a statutory or other legal duty, or for 

accomplishing some fraud or illegal purpose. 

In deciding whether I-65 Properties, Inc. should be treated in this case as 

the alter ego of Richard M. Dorsey, you should consider: 

(1) The purpose for which the Corporation was formed or 

acquired by the stockholder; 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 24 of 39
(2) Whether corporate books and records were kept, regular 

meetings of the directors were conducted, and other 

corporate legal formalities were observed; 

(3) Whether the funds of the corporation were intermingled or 

not intermingled with the funds of the stockholder; 

(4) The activity or inactivity of others as officers or directors in 

the business affairs of the corporation; 

(5) And other factors disclosed by the evidence and tending to 

show that the corporation was or was not operated as an 

entity separate and apart from its owner. 

Annotations and Comments: To prove that a defendant shareholder is the alter 

ego of a corporation, it must be shown that the shareholder disregarded the 

corporate entity and made it a mere instrumentality for the conducting of his own 

affairs, and that such control was used to commit fraud or perpetuate the 

violation of a statutory or other legal duty. See United Steelworker of America, 

AFL-CIO-CLC v. Connors Steel Co., 855 F.2d 1499, 1506-1507 (11th Cir. 1988); 

Ex parte Thorn, 788 So. 2d 140 (Ala. 2000). 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 25 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

Breach of Fiduciary Duty or Abuse of Fiduciary Relationship 

 Donna Dorsey Davis claims that Richard M. Dorsey violated what is called 

a “fiduciary” duty or obligation that the Defendant allegedly owed to Donna 

Dorsey Davis and/or I-65 Properties, Inc. 

 I instruct you that, as a matter of law, Richard M. Dorsey stands in a 

fiduciary relation to the Plaintiff. If you determine from the evidence that the 

conduct of the Defendant was a breach of this relationship between the parties, 

you should award as damages the value of whatever you may find him to have 

gained as a result of this wrong. 

 If you should further find that the Defendant’s conduct was in total 

disregard to the Plaintiff’s interest, then you may consider in addition an award of 

punitive damages. 

 

 In order to recover on this claim, Donna Dorsey Davis must prove each of 

the following facts by a preponderance of the evidence: 

(1) That a “fiduciary” relationship existed between the parties; 

(2) That Richard M. Dorsey violated that fiduciary obligation to I-65 

Properties, Inc., and Donna Dorsey Davis by purchasing 

surrounding lands on behalf of CD &O, LLC (another of 

Defendant’s Companies) when I-65 Properties, Inc. held the option 

to purchase such lands. Furthermore, Richard M. Dorsey violated 

that fiduciary obligation to I-65 Properties, Inc., and Donna Dorsey 

Davis by allowing TD&O, LLC (another of Defendant’s Companies) 

to sublease billboard space on the property of I-65 Properties, Inc., 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 26 of 39
at a substantial markup to the income I-65 Properties, Inc. was 

receiving; and 

(3) That Donna Dorsey Davis and I-65 Properties, Inc. suffered 

damages as a proximate result of that violation of the fiduciary 

obligation. 

 Citation: See Generally- Fisher v. Comer Plantation, Inc., 772 So. 2d 455, 

465-466 (Ala. 2000); Third Generation Inc. v. Wilson, 668 So. 2d 518 521(Ala. 

1995); Coupounas v. Morad, 380 So. 2d 800 (Ala. 1980). 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 27 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

 

 DAMAGES - INTRODUCTION

Ladies and Gentlemen of the jury, the Court will now instruct you on 

the law of damages. The burden is on the plaintiff to reasonably satisfy 

you, from the evidence, of the truthfulness of his claim. If after a 

consideration of all the evidence in this case, you are not reasonably 

satisfied of the truthfulness of the plaintiff’s claim, your verdict should be 

for the defendant. In this event, you would go no further. This would end 

your deliberations. On the other hand, if, after a consideration of all the 

evidence in the case, you are reasonably satisfied of the truthfulness of the 

plaintiff’s claim, your verdict should be for the plaintiff. In this event, it will 

be necessary for you to arrive at an amount to be awarded in the verdict 

form which I will read to you and describe later in my charge. I now give 

you the following rules of law to assist you in your deliberations in arriving 

at an amount in the event you find for the plaintiff. Plaintiff in this case 

claims compensatory damages. 

Source: APJI 11.00 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 28 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

DAMAGES - GENERAL

Compensatory or actual damages are allowed and should be 

awarded where the plaintiff reasonably satisfies the jury from the evidence 

that plaintiff has been injured or damaged as a result of an act of 

negligence on the part of the defendant. 

Punitive or exemplary damages are allowed to the plaintiff and may 

be awarded in the sound discretion of the jury only in cases where the 

plaintiff prove, by clear and convincing evidence, that defendant 

consciously or deliberately engaged in oppression, fraud, wantonness or 

malice with regard to the plaintiff. 

Source: APJI 11.01 (citing Industrial Chemical & Fiberglass Corp. v. 

Chandler, 547 So. 2d 812 (Ala. 1988)). 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 29 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

 

DAMAGES 

 COMPENSATORY

The purpose of awarding compensatory damages is to fairly and 

reasonably compensate the injured party for the loss or injury sustained. 

Compensatory damages are intended as money compensation to the party 

wronged, to compensate him for his injury and other damages which have 

been inflicted upon him as a proximate result of the wrong complained of. 

Source: APJI 11.02 (citing Matheny v. Peterson, 163 So. 2d 635 

(Ala. 1964)). 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 30 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

DAMAGES 

PUNITIVE

The purpose of awarding punitive or exemplary damages is to allow 

money recovery to the plaintiff by way of punishment to the defendant, and 

for the added purpose of protecting the public by deterring the defendant 

and others from doing such wrong in the future. The imposition of punitive 

damages is entirely discretionary with the jury. Should you aware punitive 

damages, in fixing the amount, you must take into consideration the 

character and degree of the wrong as shown by the evidence in the case, 

and the necessity of preventing similar wrongs. 

For a plaintiff to be entitled to recover punitive damages you must 

first award compensatory damages or nominal damages. Further, the 

plaintiff must prove by clear and convincing evidence that the defendant 

consciously or deliberately engaged in oppression, fraud, wantonness, or 

malice with regard to the plaintiff. 

Clear and convincing evidence is evidence that, when weighed 

against evidence in opposition, will produce in the minds of the jury a firm 

conviction and a high probability as to the correctness of their conclusion. 

Proof by clear and convincing evidence requires a level of proof greater 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 31 of 39
than a preponderance of the evidence or a substantial weight of the 

evidence, but less than beyond a reasonable doubt. 

Oppression means subjecting a person to cruel and unjust hardship 

in conscious disregard of that person's rights. 

Fraud means an intentional misrepresentation, deceit, or 

concealment of a material fact the concealing party had a duty to disclose, 

which was gross, oppressive or malicious and committed with the intention 

on the part of the defendant of thereby depriving a person or entity of 

property or legal rights or otherwise causing injury. 

Wantonness means conduct which is carried on with a reckless or 

conscious disregard of the rights or safety of others. 

Malice means the intentional doing of a wrongful act without just 

cause or excuse, either: 

1. With an intent to injure the person or property of another 

person or entity, or 

2. Under such circumstances that the law will imply an evil intent. 

Source: APJI 11.03 

References: 

LeFevre v. Westberry, 590 So. 2d 154, 163 (Ala. 1991 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 32 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

A minority shareholder has a right to fairness by a majority shareholder. A majority shareholder’s duty to act fairly to the minority shareholder prohibits the majority shareholder from depriving the minority shareholder of minority shareholder’s pro rata share of the corporate gains or earnings even though the majority shareholder controls the corporation. 

Certain basic expectations of shareholders are enforceable in 

the courts and among those is a right to share proportionately in the corporation’s gains or earnings. If a majority shareholder acts to deprive the minority shareholder of his pro rata, fair share of the corporations’ earnings, he has breached his fiduciary duty owed to the minority shareholder and is liable to him for all damages caused thereby. 

 If you find from the evidence that the majority shareholder in this 

case, Richard M. Dorsey, deprived Donna Dorsey Davis, the minority shareholder, of her fair or pro rata share of the corporate gains and earnings of I-65 Properties, Inc., you must find for the plaintiff, Donna Dorsey Davis, and assess damages caused thereby. 

Michand v. Morris, 603 So.2d 886, 888 (Ala. 1992). Galbreath v. Scott, 433 So. 2d 454 (Ala. 1983). 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 33 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

If you find that Richard M. Dorsey as majority controlling shareholder of I-65 Properties, Inc., breached his fiduciary duties owed to Donna Dorsey Davis as minority shareholder of I-65 Properties, Inc., then you must determine whether or not CD & O, LLC., and TD & O, LLC conspired with Richard M. Dorsey to effect the breaches of fiduciary duty owed to Donna Dorsey Davis. If you determine that there was an agreement of mutual understanding between CD&O, LLC, TD&O, LLC and Richard M. 

Dorsey to breach the fiduciary duties owed by Richard M. Dorsey to Donna Dorsey Davis, you must find in favor of Donna Dorsey Davis and assess 

damages caused thereby. 

See Shook v. St. Bede School, 74 F. Supp. 1172 (M.D.Ala. 1999) (quoting Barber v. Stephenson, 260 Ala. 151, 69 So.2d 251 (1953)); Coleman v. 

Cannon Oil Co., 849 F. Supp. 1458 (M.D. Ala. 1993) 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 34 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

In addition to the fiduciary duty owed to minority shareholders, majority shareholders who control a corporation, have duties to the corporation and all shareholders. They are required to act with fidelity and in good faith solely for the interests of the corporation and all its shareholders, and not for their selfish means. If you find from the evidence that Richard M. Dorsey, acting as director or officer of I-65 Properties, Inc., failed to subordinate or place his personal interests below the interest of 

the corporation or all shareholders but instead acted for his own personal interests and not those of I-65 Properties, Inc. and its shareholders, you must find in favor of plaintiff, Donna Dorsey Davis. 

Hardy v. Hardy on behalf of Mortgage Investments, Inc., 507 So.2d 404 

(Ala. 1986). 

Belcher v. BTNB, 348 Supp. 61, 82 (N.D. Ala. 1968). Jones v. Ellis, 551 So.2d 396 (Ala. 1989). 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 35 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

Majority shareholders and directors owe a duty to manage the corporate affairs honestly and impartially upon behalf of the corporation and all it shareholders. A majority shareholder or director cannot act as 

such in a transaction which will benefit his own personal financial benefit to the detriment of the corporation and all of its shareholders. If they do so, they have violated their fiduciary duty and are liable. If you find that Richard M. Dorsey acted in transactions that benefited himself financially to the detriment of the corporation and its shareholders, then you must find for the plaintiff, Donna Dorsey Davis. 

Banks v. Bryant, 497 So. 2d 460 (Ala. 1986). 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 36 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

Majority shareholders, directors and officers of a corporation may not usurp or divert to their own favor business assets or corporate opportunities which properly belong to the corporation that they represent. Where such directors or officer or majority shareholders usurp or divert such corporate opportunities for their own benefit while acting on behalf of the corporation, such majority shareholders, directors and officers as 

trustees of the corporation have breached their fiduciary duty and are accountable to the company and its shareholders for the profits that they make from the transaction. 

If you find that Defendant Richard M. Dorsey acting as a director or officer misappropriated and diverted a corporation opportunity, assets or business of I-65 Properties, Inc. for his personal benefit while acting on behalf of I-65 Properties, Inc., you must find that Richard M. Dorsey acted as a representative of the corporation and is liable to I-65 Properties, Inc. for the profits that Richard M. Dorsey made out of such transaction. 

Banks v. Bryant, 497 So. 2d 460 (Ala. 1986). 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 37 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

Directors, officers, and majority shareholders are agents of the corporation. They serve and are subject to rules that apply generally to persons standing in fiduciary relations. Such rules forbid directors, officers, and majority shareholders to secure an advantage for themselves 

personally which rightfully belong to the corporation whose interest they have a duty to represent. 

If you find in this case that Richard M. Dorsey as director, officer, or majority shareholder, secured a personal advantage for himself which belonged to I-65 Properties, Inc., you must find that Richard M. Dorsey acted as an agent on I-65 Properties, Inc. and is liable to I-65 Properties, Inc. for the profits that he made out of such transaction. 

Morad v. Coupounas, 361 So. 2d 6 (Ala. 1978). 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 38 of 39
UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

Donna Dorsey Davis, ) 

as an individual and derivatively upon behalf ) 

of I-65 Properties, Inc. ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO: 2:06cv766 

 ) 

Richard M. Dorsey, as an individual, ) 

PLAINTIFF’S PROPOSED JURY CHARGE NO. ____ 

 If there is presented to a corporate officer or director a business opportunity which the corporation is financially able to undertake, is, from 

its nature, in the line of the corporation's business and is of practical advantage to it, is one in which the corporation has an interest or a reasonable expectancy, and, by embracing the opportunity, the self-interest of the officer or director will be brought into conflict with that of his corporation, the law will not permit him to seize the opportunity for himself. 

Likewise, a majority shareholder may not appropriate for himself a business opportunity belonging to the corporation to the detriment of the minority shareholders or the corporation. 

If you find from the evidence that Richard M. Dorsey, as a majority shareholder of I-65 Properties, Inc. appropriated for himself a business opportunity belonging to the corporation, then you must find in favor of 

Donna Dorsey Davis, who brought the claim upon behalf of I-65 Properties, Inc., and assess damages caused thereby. 

See Morad v. Coupounas, 361 So. 2d 6, 8-9 (Ala. 1978) (quoting Guth v. 

Loft, Inc., 5 A.2d 503 (Del. 1939)). Burt v. Burt Boiler Works, Inc., 360 So. 

2d 327, 332 (Ala. 1978). 

Case 2:06-cv-00766-MHT-TFM Document 62 Filed 07/09/2007 Page 39 of 39