WERE TWO OCCURRENCES. IF ON THE OTHER HAND, YOU FIND THAT THE 16 DAMAGE INCURRED WAS A SINGLE CONTINUOUS EVENT OR INCIDENT, THEN THE LOSS CONSTITUTES A SINGLE OCCURRENCE AND THERE WILL BE NO RECOVERY.
NOW, DURING ARGUMENT MR. PRICE EXHIBITED A CHART TO YOU. YOU ARE CAUTIONED THAT THESE CHARTS ARE NOT EVIDENCE, BUT ONLY ARGUMENTS BY COUNSEL, AND IT IS NOT TO BE CONSIDERED BY YOU AS EVIDENCE. ANY AMOUNT TO BE AWARDED TO THE PLAINTIFF IN THIS CASE IS A MATTER FOR YOUR CONSIDERATION, AND YOU SHOULD AT ALL TIMES BE FAIR AND REASONABLE IN WHATEVER YOU MAY DETERMINE THAT FIGURE TO BE. THE GENERAL RULE IS THAT INSOFAR AS YOU CAN DO IT, THE PLAINTIFF IS TO GET A FAIR AND JUST COMPENSATION TO HER INSOFAR AS MONEY WILL COMPENSATE THE PLAINTIFF FOR THE INJURES THE PLAINTIFF HAS SUFFERED.
NOW, UNLESS AND UNTIL YOU COME TO THE CONCLUSION THAT THE DEFENDANT BREACH THE CONTRACT AND SUCH BREACH CT Page 604 WAS THE PROXIMATE CAUSE OF THE CLAIMED DAMAGES, YOU HAVE NO OCCASIONS WHATSOEVER TO CONSIDER THE QUESTIONS OF DAMAGES.
I SPEAK OF DAMAGES ONLY BECAUSE THERE IS LAW IN CONNECTION THEREWITH WHICH I MUST GIVE YOU IN THE EVENT YOU GET TO THAT IN YOUR CONSIDERATIONS. IF YOU DO COME TO THE CONCLUSION THAT THE DEFENDANT WAS RESPONSIBLE AND SUCH BREACH WAS THE CAUSE OF THE DAMAGES, THEN YOU WILL TURN TO THE QUESTION OF DAMAGES. IN THAT REGARD, JUST AS IN REGARD TO EVERY OTHER DISPUTED MATTER BEFORE YOU, YOU CAN AWARD THE PLAINTIFF DAMAGES ONLY AS THEY ARE
APPENDIX "B"
NO. CV-91-0056905S : SUPERIOR COURT MOHAWK MOUNTAIN SKI AREA, INC. : JUDICIAL DISTRICT VS. : OF LITCHFIELD AMERICAN HOME ASSURANCE CO. : DECEMBER 14, 1994
JURY CHARGE
BEFORE:
THE HONORABLE WALTER M. PICKETT, JR., JUDGE, AND A JURY OF EIGHT
APPEARANCES:
CHARLES B. PRICE, ESQ. ATTORNEY FOR THE PLAINTIFF
EDWARD W. GASSER, ESQ. ATTORNEY FOR THE DEFENDANT
REPORTED BY:
KIMBERLY R. BECK CERTIFIED SHORTHAND REPORTER SUPERIOR COURT 15 WEST STREET - P.O. BOX 131 LITCHFIELD, CT 06759 567-4263
4 CT Page 605
IT IS YOUR DUTY TO FOLLOW MY INSTRUCTIONS AND CONSCIENTIOUSLY APPLY THE LAW AS I GIVE IT TO YOU TO THE FACTS YOU FIND TRUE IN ORDER TO ARRIVE AT A VERDICT. IF YOU HAVE A DIFFERENT IDEA OF WHAT THE LAW IS AND WHAT YOU FEEL IT SHOULD BE, YOU SHOULD DISREGARD YOUR NOTIONS AND APPLY THE LAW AS I GIVE IT.
IF THE LAW IN ANY WAY DIFFERS FROM THE COMMENTS MADE BY COUNSEL, YOU WILL DISMISS FROM YOUR MINDS WHAT THEY MAY HAVE SAID. YOU WILL DETERMINE WHAT THE FACTS ARE BY A CAREFUL CONSIDERATION OF ALL THE EVIDENCE, GIVING TO EACH PART THE WEIGHT YOU FEEL IT DESERVES.
IT IS MY RIGHT TO MENTION THE EVIDENCE. WHERE I DO MAKE SUCH COMMENTS, THEY ARE MERELY SUGGESTIVE TO YOU TO APPROVE OR DISAPPROVE IN THE EXERCISE OF YOUR JUDGMENT.
IF I SHOULD REFER TO CERTAIN FACTS OR CERTAIN EVIDENCE