M Civ JI 50.01 Measure of Damages - Personal and Property

If you decide that the plaintiff is entitled to damages, it is your duty to determine the amount of money which reasonably, fairly and adequately compensates [ him / her ] for each of the elements of damage which you decide has resulted from the [ negligence / professional negligence or malpractice ] of the defendant, taking into account the nature and extent of the injury.

You should include each of the following elements of damage which you decide has been sustained by the plaintiff to the present time:

[ Here insert the appropriate elements of damage, such as: M Civ JI 50.02 Pain and Suffering, Etc.; M Civ JI 50.03 Disability and Disfigurement; M Civ JI 50.04 Aggravation of Preexisting Ailment or Condition ]

You should also include each of the following elements of damage which you decide plaintiff is reasonably certain to sustain in the future:

[ Reinsert applicable elements of damages as specified above ].

If any element of damage is of a continuing nature, you shall decide how long it may continue. *(If an element of damage is permanent in nature, then you shall decide how long the plaintiff is likely to live.)

Which, if any, of these elements of damage has been proved is for you to decide based upon evidence and not upon speculation, guess or conjecture. The amount of money to be awarded for certain of these elements of damage cannot be proved in a precise dollar amount. The law leaves such amount to your sound judgment. Your verdict must be solely to compensate plaintiff for [ his / her ] damages, and not to punish the defendant.

Note on Use

If any item of damage is admitted or established by undisputed evidence, the jury should be so instructed when such item is mentioned in the instruction.

This instruction cannot be given in the form shown. Complete the instruction by inserting the appropriate elements of damage from M Civ JI 50.02–50.09. If there are elements which are not covered by these instructions, but are equally appropriate, they should be inserted in the same way.

*The sentence in parentheses should be used if appropriate.

If evidence concerning plaintiff’s susceptibility to injury has been introduced, M Civ JI 50.10 Defendant Takes the Plaintiff As He/She Finds Him/Her may be given.

Comment

The object of damages is to compensate the aggrieved party for the injury sustained. Allison v Chandler, 11 Mich 542 (1863), approved in Muskegon Agency, Inc v General Telephone Co, 350 Mich 41; 85 NW2d 170 (1957). The instructions should not lead the jury to believe that an award of damages is to punish the defendant. Stillson v Gibbs, 53 Mich 280; 18 NW 815 (1884).

The extent, nature and permanency of injuries suffered are elements “peculiarly appropriate for the estimation and determination of the jury according as they find the fact to be.” Griggs v Saginaw & F R Co, 196 Mich 258, 267–268; 162 NW 960, 963 (1917), approved in A’Enoy v Lowry, 367 Mich 657; 116 NW2d 930 (1962); Greinke v Yellow Cab Co, 368 Mich 611; 118 NW2d 835 (1962).

Plaintiff is entitled to an instruction covering past, present and future injuries as covered by the proofs. See MCR 2.118(C), 2.601, and Wilton v Flint, 128 Mich 156; 87 NW 86 (1901). The jury should be instructed that future and permanent injuries must be “reasonably certain” to occur for damages to be so awarded. Finkelstein v Michigan R Co, 197 Mich 157; 163 NW 973 (1917); Bishop v Gaudio, 266 Mich 267; 253 NW 292 (1934); see also Motts v Michigan Cab Co, 274 Mich 437; 264 NW 855 (1936); but see Routsaw v McClain, 365 Mich 167; 112 NW2d 123 (1961), as to whether the “reasonably certain” rule has been relaxed.

History

M Civ JI 50.01 was SJI 30.01.