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Proposed Jury Instructions
Question 1 on the verdict asks if (A) was
a resident of (X's) household at the time of the accident. In
deciding whether a person is a resident of a particular household, the
key element is the intent of that person to be a resident of the
household in question and to live under the same roof with a close,
intimate, informal relationship.
To assist you in determining whether (A) was a resident of
(X's) home, you are instructed that: (choose one of the following
two options)
Option One
At the time of the accident, (A) was living with (X).
Even though he/she had no other place to live, if you find that he/she
was staying with (X) for a short period, or under circumstances
where it was probable he/she would soon leave, this indicates he/she was
not a resident of (X's) household. If, however, the stay was
likely to be of a substantial duration, this indicates (A) was a
resident of (X's) household.
Option Two
At the time of the accident, (A) was not living with
(X). (A) may still be a resident of (X's) home even though
(A) also lived elsewhere, and a person may be a resident of more
than one household. If (A) was not living with (X) at the
time of the accident but intended to come back to live with (X),
this indicates (A) was a resident of that household. If, however,
(A) was physically absent from (X's) home and had no
intent to return, this indicates (A) was not a resident of
(X's) household.
In deciding the intent of (A) at the time of the accident, you are to
consider that (A) was ___ years old; financially (independent)
(dependent); and that he/she (had) (had not) established a separate
residence. You may also consider the frequency and duration of stays at
(X's) home. There also has been testimony by witnesses about
(A's) intent (to return) (not to return) to (X's) home. In
deciding what weight to give this testimony, you should take into
account whether such statements are self-serving or against the interest
of the witness. You also should take into account all other facts and
circumstances surrounding the relationship in weighing the declared
intent of the witness.
Finally, evidence such as personal possessions in the home, use of
the home as a mailing address, or other use of (X's) address may
be considered but are not dispositive. A determination of residency in a
household is based on the facts of each individual case.
After a review of all the facts and circumstances of this case and
application of these instructions, if you find that (A) was a
resident of (X's) household at the time of the accident in
question then you should answer question 1, yes. If not, you should
answer question 1, no.
Wisconsin Lawyer
