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    Wisconsin Lawyer
    April 01, 2000

    Wisconsin Lawyer April 2000: Determining "Resident" of the Household - Proposed Jury Instructions

     

    Wisconsin Lawyer: April 2000

    Vol. 73, No. 4, April 2000

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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.


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