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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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