Damages Introduction

M Civ JI 50.01–50.09 and M Civ JI 51.01–51.07 relate to damages or injury to person or property. Each series consists of a basic instruction stating that if the defendant is found liable the jury is to award damages as proved by the evidence. Following the basic instruction are a number of phrases setting out various elements of damages. These elements are to be inserted in the basic instruction. If there are elements which are not covered by these specific instructions but are equally appropriate, they should be inserted in the same way. By this method the instruction can be built up to include all the elements of damages which the evidence tends to prove in any given case. This building block system greatly simplifies the drafting of damage instructions.

M Civ JI 52.01 pertains to an injury to a spouse.

These instructions contemplate a case involving a single plaintiff and defendant. Adaptations may be required for multiple parties. See M Civ JI 40.01, 40.02, and 41.01.

The trial court has a duty to instruct the jury on the different elements of damage in a personal injury case. Jageriskey v Detroit United R Co, 163 Mich 631, 634; 128 NW 726, 727 (1910). However, the instruction on damages must not permit the jury to speculate or expand on the injuries beyond the scope of the evidence. Sabo v New York Central R Co, 365 Mich 231, 235; 112 NW2d 453, 455 (1961).

Chapter 53 deals with particular factors in computing damages.