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Filing # 134399942 E-Filed 09/10/2021 05:49:29 PM
THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
SUSAN HODGE, Surviving Spouse and CASE NO.: 18-001225-CA
Personal Representative for the Estate of
MICHAEL HODGE, deceased,
Plaintiff,
Vv.
PORT CHARLOTTE HMA, LLC d/b/a
BAYFRONT HEALTH PORT CHARLOTTE,
and THOMAS KARTIS, JR., M.D. &
THOMAS KARTIS, JR, M._D., P.A.,
Defendants.
PLAINTIFF’S NOTICE OF FILING AGREED SET OF JURY INSTRUCTION AND
VERDICT FORM
Plaintiff SUSAN HODGE, Surviving Spouse and Personal Representative of the Estate
of MICHAEL HODGE, deceased, by and through her undersigned counsel, hereby provide
notice of filing the attached Jury Instructions and Verdict Form which have been agreed to by all
parties.
[CERTIFICATE OF SERVICE ON FOLLOWING PAGE]
THE NURSE ATTORNEY, P.A.
8039 Cooper Creek Boulevard - Suite 105 - University Park, Florida 34201 (941) 210-4220
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 9" day of September, 2021, a true copy of the
foregoing was electronically filed using the Florida Court's E-Filing Portal which will send a
notice of electronic filing to:
Gregg W. Luther, Esq. (Pro-Hac Vice Co-Counsel for Plaintiff Susan Hodge), Gregg W.
Luther, PLLC at: gregg@greggwluther.com;
Daniel A. Shapiro, Mary E. Lanier, Esq., and Laura Segura, Esq. (Lawyers for
Defendant Port Charlotte HMA, LLC d/b/a Bayfront Health Port Charlotte), Cole, Scott &
Kissane, P.A., at: daniel.shapiro@csklegal.com, bethany.goodrow@csklegal.com,
mary. lanier@csklegal.com, aisha.smith@csklegal.com, laura.segura@csklegal.com, and
roxanna.massa@csklegal.com; and to:
Todd B. Miller, Esq. (Lawyer for Defendants Thomas Kartis, Jr., M.D. and Thomas Kartis,
Jr, M.D., P.A.), Thompson Miller, P.A., at: tmiller@tm2law.com, klwilliams@tm2law.com,
and ewilliams@tm2law.com.
/s/ Marjorie Chalfant, RN, JD
MARJORIE CHALFANT, RN, JD
Florida Bar# 738611
GREGG W. LUTHER, ESQ., pro hac vice
Florida Bar# 1009854
THE NURSE ATTORNEY, P.A.
8039 Cooper Creek Blvd., Suite 105
University Park, FL 34201
(941) 210-4220 Phone
Of Attorneys for Plaintiff
e-service: mchalfant@theNurseAttorney.com,
e-service@theNurseAttorney.com
THE NURSE ATTORNEY, P.A.
8039 Cooper Creek Boulevard - Suite 105 - University Park, Florida 34201 (941) 210-4220
101.1 OATH OF JURORS BEFORE VOIR DIRE
Do you solemnly swear or affirm that you will answer truthfully all
questions asked of you as prospective jurors [so help you God]?
101.2 OATH OF JURORS AFTER VOIR DIRE
Do you solemnly swear or affirm that you will well and truly try this
case between the Plaintiff and Defendants, and a true verdict render
according to the law and evidence [so help you God]?
101.3 OATH OF A WITNESS
Do you solemnly swear or affirm that the evidence you are about to
give will be the truth, the whole truth, and nothing but the truth [so help
you God]?
201.1 DESCRIPTION OF THE CASE
(Prior to Voir Dire)
Welcome. [I] [The Clerk] will now administer your oath.
Now that you have been sworn, I'd like to give you an idea about what
we are here to do.
This is a civil trial. A civil trial is different from a criminal case, where
a defendant is charged by the state prosecutor with committing a crime. The
subject of a civil trial is a disagreement between the parties where the claims
of one or more of these parties have been brought to court to be resolved. It is
called “a trial of a lawsuit.”
This is medical negligence case.
Plaintiff contends that Defendants, PORT CHARLOTTE HMA, LLC
d/b/a BAYFRONT HEALTH PORT CHARLOTTE, THOMAS KARTIS,
JR., M.D., and THOMAS KARTIS, JR., M.D., P.A., were negligent in their
medical care of Michael Hodge in June 2016, and that Defendants’ negligence
caused loss, injury and harm to SUSAN HODGE, as Surviving Spouse and
Personal Representative of the Estate of MICHAEL HODGE.
Defendants deny they were negligent or that they caused any loss, injury
or harm to the Plaintiff.
The potential witnesses who may testify in the case are:
(Please see attached Witness Lists).
201.2 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES
Who are the people here and what do they do?
Judge/Court: Iam the Judge. You may hear people occasionally refer to
me as “The Court.” That is the formal name for my role. My job is to
maintain order and decide how to apply the rules of the law to the trial. I will
also explain various rules to you that you will need to know in order to do
your job as the jury. It is my job to remain neutral on the issues of this
lawsuit.
Parties: A party who files a lawsuit is called the Plaintiff. A party that is
sued is called the Defendant.
Attorneys: The attorneys have the job of representing their clients.
That means they speak for their client here at the trial. They have taken
oaths as attorneys to do their best and to follow the rules for their profession.
Plaintiff's Counsel: The attorneys on this side of the courtroom,
Marjorie Chalfant and Gregg W. Luther, represent SUSAN HODGE, the
Surviving Spouse and Personal Representative of the Estate of MICHAEL
HODGE, and is the person who filed the lawsuit here at the courthouse.
Their job is to present their client’s side of things to you. They and their
client will be referred to most of the time as “the plaintiff.” Ms. Chalfant/Mr
Luther, will you please introduce who is sitting at the table with you?
Defendant’s Counsel: The other attorneys on this side of the courtroom,
Daniel A. Shapiro, Mary E. Lanier and Laura Segura, represent PORT
CHARLOTTE HMA, LLC d/b/a BAYFRONT HEALTH PORT
CHARLOTTE, who has been sued. Their job is to present their client’s side
of things to you. They and their client will usually be referred to here as “the
defendant.” Mr. Shapiro, will you please introduce who is sitting at the table
with you?
Defendant’s Counsel: The attorneys on this side of the courtroom, Todd
Miller and Bianca Ankoh, represent THOMAS KARTIS, JR., M.D. and
THOMAS KARTIS, JR., M.D., P.A., who have been sued. Their job is to
present their client’s side of things to you. They and their clients will usually
be referred to here as “the defendants.” Mr. Miller, will you please introduce
who is sitting at the table with you?
Court Clerk: This person sitting in front of me, (name), is the court
clerk. [He] [She] is here to assist me with some of the mechanics of the trial
process, including the numbering and collection of the exhibits that are
introduced in the course of the trial.
Court Reporter: The person sitting at the stenographic machine, (name),
is the court reporter. [His] [Her] job is to keep an accurate legal record of
everything we say and do during this trial.
Bailiff: The person over there, (name), is the bailiff. [His] [Her] job is
to maintain order and security in the courtroom. The bailiff is also my
representative to the jury. Anything you need or any problems that come up
for you during the course of the trial should be brought to [him] [her].
However, the bailiff cannot answer any of your questions about the case.
Only I can do that.
Jury: Last, but not least, is the jury, which we will begin to select in a
few moments from among all of you. The jury’s job will be to decide what the
facts are and what the facts mean. Jurors should be as neutral as possible at
this point and have no fixed opinion about the lawsuit.
In order to have a fair and lawful trial, there are rules that all jurors
must follow. A basic rule is that jurors must decide the case only on the
evidence presented in the courtroom. You must not communicate with
anyone, including friends and family members, about this case, the people and
places involved, or your jury service. You must not disclose your thoughts
about this case or ask for advice on how to decide this case.
I want to stress that this rule means you must not use electronic devices
or computers to communicate about this case, including tweeting, texting,
blogging, e-mailing, posting information on a website or chat room, or any
other means at all. Do not send or accept any messages to or from anyone
about this case or your jury service.
You must not do any research or look up words, names, [maps,] or
anything else that may have anything to do with this case. This includes
reading newspapers, watching television or using a computer, cell phone, the
Internet, any electronic device, or any other means at all, to get information
related to this case or the people and places involved in this case. This applies
whether you are in the courthouse, at home, or anywhere else.
Many of you may have cell phones, tablets, laptops, or other electronic
devices with you here in the courtroom.**
**The trial judge should select one of the following two alternative
instructions explaining the rules governing jurors’ use of electronic devices,
as explained in Note on Use 1.
Alternative A: [All cell phones, computers, tablets, or other types of
electronic devices must be turned off while you are in the courtroom. Turned
off means that the phone or other electronic device is actually off and not ina
silent or vibrating mode. You may use these devices during recesses, but even
then you may not use your cell phone or electronic device to find out any
information about the case or communicate with anyone about the case or the
people involved in the case. Do not take photographs, video recordings, or
audio recordings of the proceedings or of your fellow jurors. After each
recess, please double check to make sure your cell phone or electronic device
is turned off. At the end of the case, while you are deliberating, you must not
communicate with anyone outside the jury room. You cannot have in the jury
room any cell phones, computers, or other electronic devices. If someone
needs to contact you in an emergency, the court can receive messages and
deliver them to you without delay. A contact phone number will be provided
to you.]
Alternative B: [You cannot have any cell phones, tablets, laptops, or
other electronic devices in the courtroom. You may use these devices during
recesses, but even then, you may not use your cell phone or electronic device
to find out any information about the case or communicate with anyone about
the case or the people involved in the case. Do not take photographs, video
recordings, or audio recordings of the proceedings or your fellow jurors. At
the end of the case, while you are deliberating, you must not communicate
with anyone outside the jury room. If someone needs to contact you in an
emergency, the court can receive messages and deliver them to you without
delay. A contact phone number will be provided to you.]
What are the reasons for these rules? These rules are imposed because
jurors must decide the case without distraction and only on the evidence
presented in the courtroom. If you investigate, research, or make inquiries on
your own outside of the courtroom, the trial judge has no way to make sure
that the information you obtain is proper for the case. The parties likewise
have no opportunity to dispute or challenge the accuracy of what you find.
That is contrary to our judicial system, which assures every party the right to
ask questions about and challenge the evidence being considered against it
and to present argument with respect to that evidence. Any independent
investigation by a juror unfairly and improperly prevents the parties from
having that opportunity our judicial system promises.
Any juror who violates these restrictions jeopardizes the fairness of
these proceedings, and a mistrial could result that would require the entire
trial process to start over. A mistrial is a tremendous expense and
inconvenience to the parties, the court, and the taxpayers. If you violate these
rules, you may be held in contempt of court, and face sanctions, such as
erving time in jail, paying a fine or both.
All of your communications with courtroom personnel, or me, will be
part of the record of these proceedings. That means those communications
shall either be made in open court with the court reporter present or, if they
are in writing, the writing will be filed with the court clerk. This means, if you
are outside the courtroom, any communication with me must be in writing,
unsigned, and handed directly to the bailiff. Do not share the content of the
writing with anyone, including other jurors. I have instructed the courtroom
personnel that any communications you have with them outside of my
presence must be reported to me, and I will tell the parties and their attorneys
about any communication from you that I believe may be of interest to the
parties and their attorneys. However, you may communicate directly with
courtroom personnel about matters concerning your comfort and safety, such
as juror parking, location of break areas, how and when to assemble for duty,
dress, what personal items can be brought into the courthouse or jury room,
[list any other types of routine ex parte communications permitted].
If you become aware of any violation of these instructions or any other
instruction I give in this case, you must tell me by giving a note to the bailiff.
201.3 EXPLANATION OF THE VOIR DIRE PROCESS
Voir Dire:
The last thing I want to do, before we begin to select the jury, is to
explain to you how the selection process works.
Questions/Challenges: This is the part of the case where the parties and
their lawyers have the opportunity to get to know a little bit about you, in
order to help them come to their own conclusions about your ability to be fair
and impartial, so they can decide who they think should be the jurors in this
case.
How we go about that is as follows: First, I'll ask some general
questions of you. Then, each of the lawyers will have more specific questions
that they will ask of you. After they have asked all of their questions, I will
meet with them and they will tell me their choices for jurors. Each side can
ask that I exclude a person from serving on a jury if they can give me a reason
to believe that he or she might be unable to be fair and impartial. That is
what is called a challenge for cause. The lawyers also have a certain number
of what are called peremptory challenges, by which they may exclude a person
from the jury without giving a reason. By this process of elimination, the
remaining persons are selected as the jury. It may take more than one
conference among the parties, their attorneys, and me before the final
selections are made.
Purpose of Questioning: The questions that you will be asked during this
process are not intended to embarrass you or unnecessarily pry into your
personal affairs, but it is important that the parties and their attorneys know
enough about you to make this important decision. If a question is asked that
you would prefer not to answer in front of the whole courtroom, just let me
know and you can come up here and give your answer just in front of the
attorneys and me. If you have a question of either the attorneys or me, don't
hesitate to let me know.
Response to Questioning: There are no right or wrong answers to the
questions that will be asked of you. The only thing that I ask is that you
answer the questions as frankly and as honestly and as completely as you can.
You [will take] [have taken] an oath to answer all questions truthfully and
completely and you must do so. Remaining silent when you have information
you should disclose is a violation of that oath as well. If a juror violates this
oath, it not only may result in having to try the case all over again but also can
result in civil and criminal penalties against a juror personally. So, again, it is
very important that you be as honest and complete with your answers as you
possibly can. If you don't understand the question, please raise your hand
and ask for an explanation or clarification.
In the process of selecting the jury, some of the lawyers’ questions may
be meant to help them anticipate if your beliefs, experiences, or attitudes
might make it difficult for you to apply the rules of law. Jurors take an oath
to follow the law. After the jury is chosen and sworn in, I will instruct the
jury on the rules they must follow in deciding this case. It is important for
you to remember that it will not be the jury’s job to decide what the law ought
to be Rather, the jury is to determine what the facts are, then apply the law to
those facts, using the court’s instructions on the rules of law to apply—which
will be fully given to the jury at the appropriate time.
In sum, this is a process to assist the parties and their attorneys to select
a fair and impartial jury. All of the questions they ask you are for this
purpose. If, for any reason, you do not think you can be a fair and impartial
juror, you must tell us.
202.1 INTRODUCTION
Administer oath:
You have now taken an oath to serve as jurors in this trial. Before we
begin, I am going to tell you about the rules of law that apply to this case and
let you know what you can expect as the trial proceeds.
It is my intention to give you all of the rules of law but it might be that I
will not know for sure all of the law that will apply in this case until all of the
evidence is presented. However, I can anticipate most of the law and give it to
you at the beginning of the trial so that you will better understand what to be
looking for while the evidence is presented. If I later decide that different or
additional law applies to the case, I will tell you. In any event, at the end of
the evidence I will give you the final instructions on which you must base your
verdict. At that time, you will have a complete written set of the instructions
so you do not have to memorize what I am about to tell you.
202.2 EXPLANATION OF THE TRIAL PROCEDURE
Now that you have heard the law, I want to let you know what you can
expect as the trial proceeds.
Opening Statements: In a few moments, the attorneys will each have a
chance to make what are called opening statements. In an opening statement,
an attorney is allowed to give you his and her views about what the evidence
will be in the trial and what you are likely to see and hear in the testimony.
Evidentiary Phase: After the attorneys’ opening statements the plaintiff
will bring her witnesses and evidence to you.
Evidence: Evidence is the information that the law allows you to see or
hear in deciding this case. Evidence includes the testimony of the witnesses,
documents, and anything else that I instruct you to consider.
Witnesses: A witness is a person who takes an oath to tell the truth and
then answers attorneys’ questions for the jury. The answering of attorneys’
questions by witnesses is called “giving testimony.” Testimony means
statements that are made when someone has sworn an oath to tell the truth.
The plaintiff’s lawyer will normally ask a witness the questions first.
That is called direct examination. Then the defense lawyers may ask the same
witness additional questions about whatever the witness has testified to. That
is called cross-examination. Certain documents or other evidence may also be
shown to you during direct or cross-examination. After the plaintiffs
witnesses have testified, the defendants will have the opportunity to put
witnesses on the stand and go through the same process. Then the plaintiff's
lawyer gets to do cross-examination. The process is designed to be fair to both
sides.
It is important that you remember that testimony comes from witnesses.
The attorneys do not give testimony and they are not themselves witnesses.
Objections: Sometimes the attorneys will disagree about the rules for
trial procedure when a question is asked of a witness. When that happens,
one of the lawyers may make what is called an “objection.” The rules for a
trial can be complicated, and there are many reasons for attorneys to object.
You should simply wait for me to decide how to proceed. If I say that an
objection is “sustained,” that means the witness may not answer the question.
If I say that the objection is “overruled,” that means the witness may answer
the question.
When there is an objection and I make a decision, you must not assume
from that decision that I have any particular opinion other than that the rules
for conducting a trial are being correctly followed. If I say a question may not
be asked or answered, you must not try to guess what the answer would have
been. That is against the rules, too.
Side Bar Conferences: Sometimes I will need to speak to the attorneys
about legal elements of the case that are not appropriate for the jury to hear.
The attorneys and I will try to have as few of these conferences as possible
while you are giving us your valuable time in the courtroom. But, if we do
have to have such a conference during testimony, we will try to hold the
conference at the side of my desk so that we do not have to take a break and
ask you to leave the courtroom.
Recesses: Breaks in an ongoing trial are usually called “recesses.”
During a recess you still have your duties as a juror and must follow the rules,
even while having coffee, at lunch, or at home.
Instructions Before Closing Arguments: After all the evidence has been
presented to you, I will instruct you in the law that you must follow. It is
important that you remember these instructions to assist you in evaluating the
final attorney presentations, which come next, and, later, during your
deliberations, to help you correctly sort through the evidence to reach your
decision.
Closing Arguments: The attorneys will then have the opportunity to
make their final presentations to you, which are called closing arguments.
Final Instructions: After you have heard the closing arguments, I will
instruct you further in the law as well as explain to you the procedures you
must follow to decide the case.
Deliberations: After you hear the final jury instructions, you will go to
the jury room and discuss and decide the questions I have put on your verdict
form. You will have a copy of the jury instructions to use during your
discussions. The discussions you have and the decisions you make are usually
called “jury deliberations.” Your deliberations are absolutely private and
neither I nor anyone else will be with you in the jury room.
Verdict: When you have finished answering the questions, you will give
the verdict form to the bailiff, and we will all return to the courtroom where
your verdict will be read. When that is completed, you will be released from
your assignment as a juror.
What are the rules?
Finally, before we begin the trial, I want to give you just a brief
explanation of rules you must follow as the case proceeds.
Keeping an Open Mind: You must pay close attention to the testimony
and other evidence as it comes into the trial. However, you must avoid
forming any final opinion or telling anyone else your views on the case until
you begin your deliberations. This rule requires you to keep an open mind
until you have heard all of the evidence and is designed to prevent you from
influencing how your fellow jurors think until they have heard all of the
evidence and had an opportunity to form their own opinions. The time and
place for coming to your final opinions and speaking about them with your
fellow jurors is during deliberations in the jury room, after all of the evidence
has been presented, closing arguments have been made, and I have instructed
you on the law. It is important that you hear all of the facts and that you hear
the law and how to apply it before you start deciding anything.
Consider Only the Evidence: It is the things you hear and see in this
courtroom that matter in this trial. The law tells us that a juror can consider
only the testimony and other evidence that all the other jurors have also heard
and seen in the presence of the judge and the lawyers. Doing anything else is
wrong and is against the law. That means that you must not do any work or
investigation of your own about the case. You must not obtain on your own
any information about the case or about anyone involved in the case, from any
source whatsoever. This includes reading newspapers, watching television or
using a computer, cell phone, the Internet, any electronic device, or any other
means at all, to get information related to this case or the people and places
involved in this case. This applies whether you are in the courthouse, at home,
or anywhere else. You must not visit places mentioned in the trial or use the
internet to look at maps or pictures to see any place discussed during trial.
Do not provide any information about this case to anyone, including
friends or family members. Do not let anyone, including the closest family
members, make comments to you or ask questions about the trial. Jurors
must not have discussions of any sort with friends or family members about
the case or the people and places involved. So, do not let even the closest
family members make comments to you or ask questions about the trial. In
this age of electronic communication, I want to stress again that just as you
must not talk about this case face-to-face, you must not talk about this case by
using an electronic device. You must not use phones, tablets, computers or
other electronic devices to communicate. Do not send or accept any messages
related to this case or your jury service. Do not discuss this case or ask for
advice by any means at all, including posting information on an Internet
website, chat room or blog.
No Mid-Trial Discussions: When we are in a recess, do not discuss
anything about the trial or the case with each other or with anyone else. If
attorneys approach you, don’t speak with them. The law says they are to
avoid contact with you. If an attorney will not look at you or speak to you, do
not be offended or form a conclusion about that behavior. The attorney is not
supposed to interact with jurors outside of the courtroom and is only
following the rules. The attorney is not being impolite. If an attorney or
anyone else does try to speak with you or says something about the case in
your presence, please inform the bailiff immediately.
Only the Jury Decides: Only you get to deliberate and answer the verdict
questions at the end of the trial. I will not intrude into your deliberations at
all. 1am required to be neutral. You should not assume that I prefer one
decision over another. You should not try to guess what my opinion is about
any part of the case. It would be wrong for you to conclude that anything I
say or do means that I am for one side or another in the trial. Discussing and
deciding the facts is your job alone.
Use of Cell Phones and Electronic Devices in the Courtroom and Jury
Room:*
*The trial judge should select one of the following two alternative
instructions explaining the rules governing jurors’ use of electronic devices,
as explained in Note on Use 3.
Alternative A: [All cell phones or other types of electronic devices must
be turned off while you are in the courtroom. Turned off means that the
phone or other electronic device is actually off and not in a silent or vibrating
mode. You may use these devices during recesses, but even then you may not
use your phone or electronic device to find out any information about the case
or communicate with anyone about the case or the people involved in the case.
Do not take photographs, video recordings or audio recordings of the
proceedings or your fellow jurors. After each recess, please double check to
make sure your device is turned off. At the end of the case, while you are
deliberating, you must not communicate with anyone outside the jury room.
You cannot have in the jury room any cell phones, computers, or other
electronic devices. If there are breaks in the deliberations, I may allow you to
communicate with your family or friends, but do not communicate about the
case or your deliberations. If someone needs to contact you in an emergency,
the court can receive messages and deliver them to you without delay. The
court’s phone number will be provided to you.]
Alternative B: [You cannot have any cell phones, computers, or other
electronic devices in the courtroom. You may use these devices during
recesses, but even then you may not use your phone or electronic device to
find out any information about the case or communicate with anyone about
the case or the people involved in the case. Do not take photographs, video
recordings or audio recordings of the proceedings or your fellow jurors. At
the end of the case, while you are deliberating, you must not communicate
with anyone outside the jury room. If there are breaks in the deliberations, I
may allow you to communicate with your family or friends, but do not
communicate about the case or your deliberations. If someone needs to
contact you in an emergency, the court can receive messages and deliver them
to you without delay. The court’s phone number will be provided to you.]
202.3 NOTE-TAKING BY JURORS
If you would like to take notes during the trial, you may do so. On the
other hand, of course, you are not required to take notes if you do not want to.
That will be left up to you individually.
You will be provided with a note pad and a pen for use if you wish to
take notes. Any notes that you take will be for your personal use. However,
you should not take them with you from the courtroom. During recesses, the
bailiff will take possession of your notes and will return them to you when we
reconvene. After you have completed your deliberations, the bailiff will
collect your notes, which will be immediately destroyed. No one will ever read
your notes.
If you take notes, do not get so involved in note-taking that you become
distracted from the proceedings. Your notes should be used only as aids to
your memory.
Whether or not you take notes, you should rely on your memory of the
evidence and you should not be unduly influenced by the notes of other jurors.
Notes are not entitled to any greater weight than each juror’s memory of the
evidence.
202.4 JUROR QUESTIONS
Questions for the court or courtroom personnel:
During the trial, you may have a question about these proceedings. If
so, please write it down and hand it to the bailiff, who will then hand it to me.
I will review your question with the parties and their attorneys before
responding.
Questions for witnesses:
You also may have a question you think should be asked of a witness. If
so, there is a way for you to request that I ask the witness a question. After all
the attorneys have completed their questioning of the witness, you should
raise your hand if you have a question. I will then give you sufficient time to
write the question on a piece of paper, fold it, and give it to the bailiff, who
will pass it to me. Do not put your name on the question, show it to anyone or
discuss it with anyone.
It is important to know that if you have a question you believe should be
asked of a witness, you must raise your hand and request that I ask the
witness the question before the witness leaves the witness stand. You will not
have an opportunity to ask the witness a question once the witness leaves the
courtroom. I will then review the question with the attorneys. Under our law,
only certain evidence may be considered by a jury in determining a verdict.
You are bound by the same rules of evidence that control the attorneys’
questions. If I decide that the question may not be asked under our rules of
evidence, I will tell you. Otherwise, I will direct the question to the witness.
The attorneys may then ask follow-up questions if they wish. If there are
additional questions from jurors, we will follow the same procedure again.
By providing this procedure, I do not mean to suggest that you must or
should submit written questions for witnesses. In most cases, the lawyers will
have asked the necessary questions.
301.1 DEPOSITION TESTIMONY, INTERROGATORIES, STIPULATED
TESTIMONY, STIPULATIONS, AND ADMISSIONS
a. Deposition or prior testimony:
Members of the jury, the sworn testimony of (name), given before trial,
will now be presented. You are to consider and weigh this testimony as you
would any other evidence in the case.
b. Interrogatories:
Members of the jury, answers to interrogatories will now be read to
you. Interrogatories are written questions that have been presented before
trial by one party to another. They are answered under oath. You are to
consider and weigh these questions and answers as you would any other
evidence in the case.
c. Stipulated testimony:
Members of the jury, the parties have agreed that if (name of witness)
were called as a witness, [he] [she] would testify (read or describe the
testimony). You are to consider and weigh this testimony as you would any
other evidence in the case.
d. Stipulations:
Members of the jury, the parties have agreed to certain facts. You must
accept these facts as true. (Read the agreed facts).
e, Admissions:
L Applicable to all parties:
Members of the jury, (identify the party or parties that have admitted the
facts) [has] [have] admitted certain facts. You must accept these facts as true
(Read the admissions).
2 Applicable to fewer than all parties:
Members of the jury, (identify the party or parties that have admitted the
facts) [has] [have] admitted certain facts. You must accept these facts as true
in deciding the issues between (identify the affected parties), but these facts
should not be used in deciding the issues between (identify the unaffected
parties). (Read the admissions).
301.2 INSTRUCTION WHEN FIRST ITEM OF DOCUMENTARY,
PHOTOGRAPHIC, OR PHYSICAL EVIDENCE IS ADMITTED
The (describe item of evidence) has now been received in evidence.
Witnesses may testify about or refer to this or any other item of evidence
during the remainder of the trial. This and all other items received in
evidence will be available to you for examination during your deliberations at
the end of the trial.
301.3 INSTRUCTION WHEN EVIDENCE IS FIRST
PUBLISHED TO JURORS
The (describe item of evidence) has been received in evidence. It is being
shown to you now to help you understand the testimony of this witness and
other witnesses in the case, as well as the evidence as a whole. You may
examine (describe item of evidence) briefly now. It will also be available to you
for examination during your deliberations at the end of the trial.
301.4 INSTRUCTION REGARDING VISUAL OR
DEMONSTRATIVE AIDS
This witness will be using (identify demonstrative or visual aid(s)) to assist
in explaining or illustrating [his] [her] testimony. The testimony of the
witness is evidence; however, [this] [these] (identify demonstrative or visual
aid(s)) [is] [are] not to be considered as evidence in the case unless received in
evidence, and should not be used as a substitute for evidence. Only items
received in evidence will be available to you for consideration during your
deliberations.
301.10 INSTRUCTION BEFORE RECESS
We are about to take [our first] [a] recess. Remember that all of the
rules I have given you apply even when you are outside the courtroom, such as
at recess.
Remember the basic rule: Do not talk to anyone, including your fellow
jurors, friends, family or co-workers about anything having to do with this
trial, except to speak to court staff. This means no e-mailing, text messaging,
tweeting, blogging, or any other form of communication. You cannot do any
research about the case or look up any information about the case.
Remember to observe during our recess the other rules I gave you. If you
become aware of any violation of any of these rules at all, notify court
personnel of the violation.
After each recess, please double check to make sure [that your cell
phone or other electronic device is turned off completely] [that you do not
bring your cell phone or other electronic device into the courtroom or jury
room].
402.1 INTRODUCTION
Members of the jury, you have now heard and received all of the
evidence in this case. I am now going to tell you about the rules of law that
you must use in reaching your verdict. [You will recall at the beginning of the
case I told you that if, at the end of the case I decided that different law
applies, I would tell you so. These instructions are (slightly) different from
what I gave you at the beginning and it is these rules of law that you must now
follow.] When I finish telling you about the rules of law, the attorneys will
present their final arguments and you will then retire to decide your verdict.
402.2 SUMMARY OF CLAIMS
The claims and defenses in this case are as follows:
Plaintiff SUSAN HODGE, as Surviving Spouse and Personal
Representative for the Estate of MICHAEL HODGE, claims Defendants
PORT CHARLOTTE HMA, LLC d/b/a BAYFRONT HEALTH PORT
CHARLOTTE, THOMAS KARTIS, JR., M.D., and THOMAS KARTIS, JR.,
MLD., P.A., were negligent in the care and treatment of MICHAEL HODGE,
and Defendant THOMAS KARTIS, JR., M.D. was negligent in failing to
obtain the informed consent of MICHAEL HODGE, which caused her harm.
Defendants deny those claims.
Additionally, Defendants claim Karen Rudolph, ARNP, Mamoon
Jarrah, M.D., and M. JARRAH, M.D., P.A. were negligent.
The parties must prove their claims by the greater weight of the
evidence. I will now define some of the terms you will use in deciding this
case.
402.3 GREATER WEIGHT OF THE EVIDENCE
"Greater weight of the evidence" means the more persuasive and
convincing force and effect of the entire evidence in the case.
402.4 (a) MEDICAL NEGLIGENCE
(Physician or Hospital)
Negligence is the failure to use reasonable care. Reasonable care on the
part of a physician or hospital is that level of care, skill and treatment which,
in light of all relevant surrounding circumstances, is recognized as acceptable
and appropriate by similar and reasonably careful physicians and hospitals.
Negligence on the part of a physician or hospital is doing something that a
reasonably careful physician or hospital would not do under like
circumstances or failing to do something that a reasonably careful physician
or hospital would do under like circumstances.
402.6(a) LEGAL CAUSE
(Legal Cause Generally)
Negligence is a legal cause of loss, injury or damage if it directly and in
natural and continuous sequence produces or contributes substantially to
producing such loss, injury or damage, so that it can reasonably be said that,
but for the negligence, the loss, injury or damage would not have occurred.
402.6(b) LEGAL CAUSE
(Concurring Cause)
In order to be regarded as a legal cause of loss, injury or damage
negligence need not be the only cause. Negligence may be a legal cause of loss,
injury or damage even though it operates in combination with the act of
another, some natural cause or some other cause if the negligence contributes
substantially to producing such loss, injury or damage.
402.11(b) ISSUES ON MAIN CLAIM
(Negligence Generally)
The issues you must decide on Plaintiff’s claims against Defendants are:
Whether Defendant PORT CHARLOTTE HMA, LLC d/b/a
BAYFRONT HEALTHPORT CHARLOTTE was negligent, or whether
Defendant THOMAS KARTIS, JR., M.D. and THOMAS KARTIS, JR., M.D.,
P.A. were negligent, or whether all were negligent, in their care and treatment
of MICHAEL HODGE, and, if so, whether that negligence was a legal cause
of loss, injuries and damages to SUSAN HODGE, as Surviving Spouse and
Personal Representative for the ESTATE OF MICHAEL HODGE.
402.14(e) DEFENSE ISSUES
(Apportionment of Fault)
If, however, the greater weight of the evidence supports Plaintiff’s
claims, then you shall consider the defense raised by Defendants.
On this defense, the issue for you to decide is:
whether MAMOON JARRAH, M.D., M. JARRAH, M.D., P.A., and KAREN
RUDOLPH, ARNP were also negligent in their care and treatment of
MICHAEL HODGE; and, if so, whether that negligence was a contributing
legal cause of the loss, injury and damage to SUSAN HODGE, as the
Surviving Spouse and Personal Representative of the Estate of MICHAEL
HODGE.
402.15 BURDEN OF PROOF ON DEFENSE ISSUES
(Apportionment of nonparty defense — Fabre defendants)
If the greater weight of the evidence does not support Defendants’
PORT CHARLOTTE HMA, LLC d/b/a BAYFRONT HEALTH PORT
CHARLOTTE, THOMAS KARTIS, JR., M.D. and THOMAS KARTIS, JR.,
MLD., P.A. defense that MAMOON JARRAH, M.D., M. JARRAH, M.D.,
P.A., and KAREN RUDOLPH, ARNP were negligent and the greater weight
of the evidence supports Plaintiffs claim, then you should determine and
write on the verdict form what percentage of the total negligence of both
Defendants you apportion to each Defendant whose negligence you find was a
legal cause of loss, injury, or damage to SUSAN HODGE, as the Surviving
Spouse and Personal Representative of the Estate of MICHAEL HODGE.
If, however, the greater weight of the evidence shows that one or more
of Defendants and MAMOON JARRAH, M.D., M. JARRAH, M.D., P.A., and
KAREN RUDOLPH, ARNP were negligent and that the negligence of each
contributed as a legal cause of loss, injury, and damage sustained by SUSAN
HODGE, as the Surviving Spouse and Personal Representative of the Estate
of MICHAEL HODGE, you should decide and write on the verdict form what
percentage of the total negligence of Defendants and MAMOON JARRAH,
M.D., M. JARRAH, M.D., P.A., and KAREN RUDOLPH, ARNP you
apportion to each of them.
502.1(b) WRONGFUL DEATH DAMAGES: INTRODUCTION
If your verdict is for Defendants, you will not consider the matter of
damages. But if the greater weight of the evidence supports SUSAN
HODGE’S claim, you should determine and write on the verdict form, in
dollars, the total amount of loss, injury, or damage which the greater weight
of the evidence shows the Estate of MICHAEL HODGE and his surviving
spouse sustained as a result of his injury and death, including any damages
that the estate and the survivors are reasonably certain to incur or experience
in the future.
502.2(d) WRONGFUL DEATH DAMAGES: ELEMENTS FOR
SURVIVORS
(Damages of surviving spouse)
In determining any damages to be awarded MICHAEL HODGE’S
personal representative for the benefit of MICHAEL HODGE’S surviving
spouse, you shall consider certain additional elements of damage for which
there is no exact standard for fixing the compensation to be awarded. Any
such award should be fair and just in the light of the evidence regarding the
following elements:
The wife’s loss of MICHAEL HODGE’S companionship and protection,
and her mental pain and suffering as a result of MICHAEL HODGE’S injury
and death from the date of the injury. In determining the duration of the
losses, you may consider the joint life expectancy of MICHAEL HODGE and
SUSAN HODGE together with the other evidence in the case.
502.2(g) WRONGFUL DEATH DAMAGES: ELEMENTS FOR
SURVIVING SPOUSE
(Lost support and services)
In determining any damages to be awarded MICHAEL HODGE’S
personal representative for the benefit of MICHAEL HODGE’S surviving
spouse, you shall consider the following elements:
The wife’s loss, by reason of MICHAEL HODGE’S injury and death, of
MICHAEL HODGE’S support and services. In determining the duration of
any future loss, you may consider the joint life expectancy of SUSAN HODGE
and MICHAEL HODGE.
In evaluating past and future loss of support and services, you shall
consider SUSAN HODGP’S relationship to MICHAEL HODGE, and the
replacement value of MICHAEL HODGE’S services to SUSAN HODGE.
“Support” includes contributions in kind as well as sums of money.
“Services” means tasks regularly performed by MICHAEL HODGE for
SUSAN HODGE that will be a necessary expense to SUSAN HODGE because
of MICHAEL HODGE’S death.
502.5 NON-PARTY FAULT
(Fabre Defendants)
In determining the total amount of damages, you should not make any
reduction because of the negligence, if any, of MAMOON JARRAH, M.D., M.
JARRAH, M.D., P.A., and/or KAREN RUDOLPH, ARNP. The court in
entering judgment will make any appropriate reduction(s).
502.8(b) LIABILITY OF MULTIPLE TORTFEASORS
If you find for SUSAN HODGE against both of the Defendants, you
should assess SUSAN HODGE’S damages in a single amount against both
Defendants.
601.1 WEIGHING THE EVIDENCE
In deciding this case, it is your duty as jurors to decide the issues, and
only those issues, that I submit for your determination. You must come to an
agreement about your verdict.
The evidence in this case consists of the sworn testimony of the
witnesses, all exhibits received in evidence and all facts that were admitted or
agreed to by the parties.
In reaching your verdict, you must think about and weigh the testimony
and any documents, photographs, or other material that have been received in
evidence. You may also consider any facts that were admitted or agreed to by
the lawyers. Your job is to determine what the facts are. You may use reason
and common sense to reach conclusions. You may draw reasonable inferences
from the evidence. But you should not guess about things that were not
covered here. And, you must always apply the law as I have explained it to
you.
601.2(a) BELIEVABILITY OF WITNESSES
(General Considerations)
Let me speak briefly about witnesses. In evaluating the believability of
any witness and the weight you will give the testimony of any witness, you may
properly consider the demeanor of the witness while testifying; the frankness
or lack of frankness of the witness; the intelligence of the witness; any interest
the witness may have in the outcome of the case; the means and opportunity
the witness had to know the facts about which the witness testified; the ability
of the witness to remember the matters about which the witness testified; and
the reasonableness of the testimony of the witness, considered in the light of
all the evidence in the case and in the light of your own experience and
common sense.
601.2(b) BELIEVABILITY OF WITNESSES
(Expert Witnesses)
You have heard opinion testimony on certain technical subjects from
persons referred to as expert witnesses. Some of the testimony before you was
in the form of opinions about certain technical subjects.
You may accept such opinion testimony, reject it, or give it the weight
you think it deserves, considering the knowledge, skill, experience, training, or
education of the witness, the reasons given by the witness for the opinion
expressed, and all the other evidence in the case.
601.2(c) BELIEVABILITY OF WITNESSES
(Witness talked to a lawyer)
It is entirely proper for a lawyer to talk to a witness about what
testimony the witness would give if called to the courtroom. The witness
should not be discredited just because the witness talked with a lawyer about
his or h
Preview
Filing # 134399942 E-Filed 09/10/2021 05:49:29 PM THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA SUSAN HODGE, Surviving Spouse and CASE NO.: 18-001225-CA Personal Representative for the Estate of MICHAEL HODGE, deceased, Plaintiff, Vv. PORT CHARLOTTE HMA, LLC d/b/a BAYFRONT HEALTH PORT CHARLOTTE, and THOMAS KARTIS, JR., M.D. & THOMAS KARTIS, JR, M._D., P.A., Defendants. PLAINTIFF’S NOTICE OF FILING AGREED SET OF JURY INSTRUCTION AND VERDICT FORM Plaintiff SUSAN HODGE, Surviving Spouse and Personal Representative of the Estate of MICHAEL HODGE, deceased, by and through her undersigned counsel, hereby provide notice of filing the attached Jury Instructions and Verdict Form which have been agreed to by all parties. [CERTIFICATE OF SERVICE ON FOLLOWING PAGE] THE NURSE ATTORNEY, P.A. 8039 Cooper Creek Boulevard - Suite 105 - University Park, Florida 34201 (941) 210-4220 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 9" day of September, 2021, a true copy of the foregoing was electronically filed using the Florida Court's E-Filing Portal which will send a notice of electronic filing to: Gregg W. Luther, Esq. (Pro-Hac Vice Co-Counsel for Plaintiff Susan Hodge), Gregg W. Luther, PLLC at: gregg@greggwluther.com; Daniel A. Shapiro, Mary E. Lanier, Esq., and Laura Segura, Esq. (Lawyers for Defendant Port Charlotte HMA, LLC d/b/a Bayfront Health Port Charlotte), Cole, Scott & Kissane, P.A., at: daniel.shapiro@csklegal.com, bethany.goodrow@csklegal.com, mary. lanier@csklegal.com, aisha.smith@csklegal.com, laura.segura@csklegal.com, and roxanna.massa@csklegal.com; and to: Todd B. Miller, Esq. (Lawyer for Defendants Thomas Kartis, Jr., M.D. and Thomas Kartis, Jr, M.D., P.A.), Thompson Miller, P.A., at: tmiller@tm2law.com, klwilliams@tm2law.com, and ewilliams@tm2law.com. /s/ Marjorie Chalfant, RN, JD MARJORIE CHALFANT, RN, JD Florida Bar# 738611 GREGG W. LUTHER, ESQ., pro hac vice Florida Bar# 1009854 THE NURSE ATTORNEY, P.A. 8039 Cooper Creek Blvd., Suite 105 University Park, FL 34201 (941) 210-4220 Phone Of Attorneys for Plaintiff e-service: mchalfant@theNurseAttorney.com, e-service@theNurseAttorney.com THE NURSE ATTORNEY, P.A. 8039 Cooper Creek Boulevard - Suite 105 - University Park, Florida 34201 (941) 210-4220 101.1 OATH OF JURORS BEFORE VOIR DIRE Do you solemnly swear or affirm that you will answer truthfully all questions asked of you as prospective jurors [so help you God]? 101.2 OATH OF JURORS AFTER VOIR DIRE Do you solemnly swear or affirm that you will well and truly try this case between the Plaintiff and Defendants, and a true verdict render according to the law and evidence [so help you God]? 101.3 OATH OF A WITNESS Do you solemnly swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth [so help you God]? 201.1 DESCRIPTION OF THE CASE (Prior to Voir Dire) Welcome. [I] [The Clerk] will now administer your oath. Now that you have been sworn, I'd like to give you an idea about what we are here to do. This is a civil trial. A civil trial is different from a criminal case, where a defendant is charged by the state prosecutor with committing a crime. The subject of a civil trial is a disagreement between the parties where the claims of one or more of these parties have been brought to court to be resolved. It is called “a trial of a lawsuit.” This is medical negligence case. Plaintiff contends that Defendants, PORT CHARLOTTE HMA, LLC d/b/a BAYFRONT HEALTH PORT CHARLOTTE, THOMAS KARTIS, JR., M.D., and THOMAS KARTIS, JR., M.D., P.A., were negligent in their medical care of Michael Hodge in June 2016, and that Defendants’ negligence caused loss, injury and harm to SUSAN HODGE, as Surviving Spouse and Personal Representative of the Estate of MICHAEL HODGE. Defendants deny they were negligent or that they caused any loss, injury or harm to the Plaintiff. The potential witnesses who may testify in the case are: (Please see attached Witness Lists). 201.2 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES Who are the people here and what do they do? Judge/Court: Iam the Judge. You may hear people occasionally refer to me as “The Court.” That is the formal name for my role. My job is to maintain order and decide how to apply the rules of the law to the trial. I will also explain various rules to you that you will need to know in order to do your job as the jury. It is my job to remain neutral on the issues of this lawsuit. Parties: A party who files a lawsuit is called the Plaintiff. A party that is sued is called the Defendant. Attorneys: The attorneys have the job of representing their clients. That means they speak for their client here at the trial. They have taken oaths as attorneys to do their best and to follow the rules for their profession. Plaintiff's Counsel: The attorneys on this side of the courtroom, Marjorie Chalfant and Gregg W. Luther, represent SUSAN HODGE, the Surviving Spouse and Personal Representative of the Estate of MICHAEL HODGE, and is the person who filed the lawsuit here at the courthouse. Their job is to present their client’s side of things to you. They and their client will be referred to most of the time as “the plaintiff.” Ms. Chalfant/Mr Luther, will you please introduce who is sitting at the table with you? Defendant’s Counsel: The other attorneys on this side of the courtroom, Daniel A. Shapiro, Mary E. Lanier and Laura Segura, represent PORT CHARLOTTE HMA, LLC d/b/a BAYFRONT HEALTH PORT CHARLOTTE, who has been sued. Their job is to present their client’s side of things to you. They and their client will usually be referred to here as “the defendant.” Mr. Shapiro, will you please introduce who is sitting at the table with you? Defendant’s Counsel: The attorneys on this side of the courtroom, Todd Miller and Bianca Ankoh, represent THOMAS KARTIS, JR., M.D. and THOMAS KARTIS, JR., M.D., P.A., who have been sued. Their job is to present their client’s side of things to you. They and their clients will usually be referred to here as “the defendants.” Mr. Miller, will you please introduce who is sitting at the table with you? Court Clerk: This person sitting in front of me, (name), is the court clerk. [He] [She] is here to assist me with some of the mechanics of the trial process, including the numbering and collection of the exhibits that are introduced in the course of the trial. Court Reporter: The person sitting at the stenographic machine, (name), is the court reporter. [His] [Her] job is to keep an accurate legal record of everything we say and do during this trial. Bailiff: The person over there, (name), is the bailiff. [His] [Her] job is to maintain order and security in the courtroom. The bailiff is also my representative to the jury. Anything you need or any problems that come up for you during the course of the trial should be brought to [him] [her]. However, the bailiff cannot answer any of your questions about the case. Only I can do that. Jury: Last, but not least, is the jury, which we will begin to select in a few moments from among all of you. The jury’s job will be to decide what the facts are and what the facts mean. Jurors should be as neutral as possible at this point and have no fixed opinion about the lawsuit. In order to have a fair and lawful trial, there are rules that all jurors must follow. A basic rule is that jurors must decide the case only on the evidence presented in the courtroom. You must not communicate with anyone, including friends and family members, about this case, the people and places involved, or your jury service. You must not disclose your thoughts about this case or ask for advice on how to decide this case. I want to stress that this rule means you must not use electronic devices or computers to communicate about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages to or from anyone about this case or your jury service. You must not do any research or look up words, names, [maps,] or anything else that may have anything to do with this case. This includes reading newspapers, watching television or using a computer, cell phone, the Internet, any electronic device, or any other means at all, to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else. Many of you may have cell phones, tablets, laptops, or other electronic devices with you here in the courtroom.** **The trial judge should select one of the following two alternative instructions explaining the rules governing jurors’ use of electronic devices, as explained in Note on Use 1. Alternative A: [All cell phones, computers, tablets, or other types of electronic devices must be turned off while you are in the courtroom. Turned off means that the phone or other electronic device is actually off and not ina silent or vibrating mode. You may use these devices during recesses, but even then you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings, or audio recordings of the proceedings or of your fellow jurors. After each recess, please double check to make sure your cell phone or electronic device is turned off. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, computers, or other electronic devices. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number will be provided to you.] Alternative B: [You cannot have any cell phones, tablets, laptops, or other electronic devices in the courtroom. You may use these devices during recesses, but even then, you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings, or audio recordings of the proceedings or your fellow jurors. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number will be provided to you.] What are the reasons for these rules? These rules are imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom. If you investigate, research, or make inquiries on your own outside of the courtroom, the trial judge has no way to make sure that the information you obtain is proper for the case. The parties likewise have no opportunity to dispute or challenge the accuracy of what you find. That is contrary to our judicial system, which assures every party the right to ask questions about and challenge the evidence being considered against it and to present argument with respect to that evidence. Any independent investigation by a juror unfairly and improperly prevents the parties from having that opportunity our judicial system promises. Any juror who violates these restrictions jeopardizes the fairness of these proceedings, and a mistrial could result that would require the entire trial process to start over. A mistrial is a tremendous expense and inconvenience to the parties, the court, and the taxpayers. If you violate these rules, you may be held in contempt of court, and face sanctions, such as erving time in jail, paying a fine or both. All of your communications with courtroom personnel, or me, will be part of the record of these proceedings. That means those communications shall either be made in open court with the court reporter present or, if they are in writing, the writing will be filed with the court clerk. This means, if you are outside the courtroom, any communication with me must be in writing, unsigned, and handed directly to the bailiff. Do not share the content of the writing with anyone, including other jurors. I have instructed the courtroom personnel that any communications you have with them outside of my presence must be reported to me, and I will tell the parties and their attorneys about any communication from you that I believe may be of interest to the parties and their attorneys. However, you may communicate directly with courtroom personnel about matters concerning your comfort and safety, such as juror parking, location of break areas, how and when to assemble for duty, dress, what personal items can be brought into the courthouse or jury room, [list any other types of routine ex parte communications permitted]. If you become aware of any violation of these instructions or any other instruction I give in this case, you must tell me by giving a note to the bailiff. 201.3 EXPLANATION OF THE VOIR DIRE PROCESS Voir Dire: The last thing I want to do, before we begin to select the jury, is to explain to you how the selection process works. Questions/Challenges: This is the part of the case where the parties and their lawyers have the opportunity to get to know a little bit about you, in order to help them come to their own conclusions about your ability to be fair and impartial, so they can decide who they think should be the jurors in this case. How we go about that is as follows: First, I'll ask some general questions of you. Then, each of the lawyers will have more specific questions that they will ask of you. After they have asked all of their questions, I will meet with them and they will tell me their choices for jurors. Each side can ask that I exclude a person from serving on a jury if they can give me a reason to believe that he or she might be unable to be fair and impartial. That is what is called a challenge for cause. The lawyers also have a certain number of what are called peremptory challenges, by which they may exclude a person from the jury without giving a reason. By this process of elimination, the remaining persons are selected as the jury. It may take more than one conference among the parties, their attorneys, and me before the final selections are made. Purpose of Questioning: The questions that you will be asked during this process are not intended to embarrass you or unnecessarily pry into your personal affairs, but it is important that the parties and their attorneys know enough about you to make this important decision. If a question is asked that you would prefer not to answer in front of the whole courtroom, just let me know and you can come up here and give your answer just in front of the attorneys and me. If you have a question of either the attorneys or me, don't hesitate to let me know. Response to Questioning: There are no right or wrong answers to the questions that will be asked of you. The only thing that I ask is that you answer the questions as frankly and as honestly and as completely as you can. You [will take] [have taken] an oath to answer all questions truthfully and completely and you must do so. Remaining silent when you have information you should disclose is a violation of that oath as well. If a juror violates this oath, it not only may result in having to try the case all over again but also can result in civil and criminal penalties against a juror personally. So, again, it is very important that you be as honest and complete with your answers as you possibly can. If you don't understand the question, please raise your hand and ask for an explanation or clarification. In the process of selecting the jury, some of the lawyers’ questions may be meant to help them anticipate if your beliefs, experiences, or attitudes might make it difficult for you to apply the rules of law. Jurors take an oath to follow the law. After the jury is chosen and sworn in, I will instruct the jury on the rules they must follow in deciding this case. It is important for you to remember that it will not be the jury’s job to decide what the law ought to be Rather, the jury is to determine what the facts are, then apply the law to those facts, using the court’s instructions on the rules of law to apply—which will be fully given to the jury at the appropriate time. In sum, this is a process to assist the parties and their attorneys to select a fair and impartial jury. All of the questions they ask you are for this purpose. If, for any reason, you do not think you can be a fair and impartial juror, you must tell us. 202.1 INTRODUCTION Administer oath: You have now taken an oath to serve as jurors in this trial. Before we begin, I am going to tell you about the rules of law that apply to this case and let you know what you can expect as the trial proceeds. It is my intention to give you all of the rules of law but it might be that I will not know for sure all of the law that will apply in this case until all of the evidence is presented. However, I can anticipate most of the law and give it to you at the beginning of the trial so that you will better understand what to be looking for while the evidence is presented. If I later decide that different or additional law applies to the case, I will tell you. In any event, at the end of the evidence I will give you the final instructions on which you must base your verdict. At that time, you will have a complete written set of the instructions so you do not have to memorize what I am about to tell you. 202.2 EXPLANATION OF THE TRIAL PROCEDURE Now that you have heard the law, I want to let you know what you can expect as the trial proceeds. Opening Statements: In a few moments, the attorneys will each have a chance to make what are called opening statements. In an opening statement, an attorney is allowed to give you his and her views about what the evidence will be in the trial and what you are likely to see and hear in the testimony. Evidentiary Phase: After the attorneys’ opening statements the plaintiff will bring her witnesses and evidence to you. Evidence: Evidence is the information that the law allows you to see or hear in deciding this case. Evidence includes the testimony of the witnesses, documents, and anything else that I instruct you to consider. Witnesses: A witness is a person who takes an oath to tell the truth and then answers attorneys’ questions for the jury. The answering of attorneys’ questions by witnesses is called “giving testimony.” Testimony means statements that are made when someone has sworn an oath to tell the truth. The plaintiff’s lawyer will normally ask a witness the questions first. That is called direct examination. Then the defense lawyers may ask the same witness additional questions about whatever the witness has testified to. That is called cross-examination. Certain documents or other evidence may also be shown to you during direct or cross-examination. After the plaintiffs witnesses have testified, the defendants will have the opportunity to put witnesses on the stand and go through the same process. Then the plaintiff's lawyer gets to do cross-examination. The process is designed to be fair to both sides. It is important that you remember that testimony comes from witnesses. The attorneys do not give testimony and they are not themselves witnesses. Objections: Sometimes the attorneys will disagree about the rules for trial procedure when a question is asked of a witness. When that happens, one of the lawyers may make what is called an “objection.” The rules for a trial can be complicated, and there are many reasons for attorneys to object. You should simply wait for me to decide how to proceed. If I say that an objection is “sustained,” that means the witness may not answer the question. If I say that the objection is “overruled,” that means the witness may answer the question. When there is an objection and I make a decision, you must not assume from that decision that I have any particular opinion other than that the rules for conducting a trial are being correctly followed. If I say a question may not be asked or answered, you must not try to guess what the answer would have been. That is against the rules, too. Side Bar Conferences: Sometimes I will need to speak to the attorneys about legal elements of the case that are not appropriate for the jury to hear. The attorneys and I will try to have as few of these conferences as possible while you are giving us your valuable time in the courtroom. But, if we do have to have such a conference during testimony, we will try to hold the conference at the side of my desk so that we do not have to take a break and ask you to leave the courtroom. Recesses: Breaks in an ongoing trial are usually called “recesses.” During a recess you still have your duties as a juror and must follow the rules, even while having coffee, at lunch, or at home. Instructions Before Closing Arguments: After all the evidence has been presented to you, I will instruct you in the law that you must follow. It is important that you remember these instructions to assist you in evaluating the final attorney presentations, which come next, and, later, during your deliberations, to help you correctly sort through the evidence to reach your decision. Closing Arguments: The attorneys will then have the opportunity to make their final presentations to you, which are called closing arguments. Final Instructions: After you have heard the closing arguments, I will instruct you further in the law as well as explain to you the procedures you must follow to decide the case. Deliberations: After you hear the final jury instructions, you will go to the jury room and discuss and decide the questions I have put on your verdict form. You will have a copy of the jury instructions to use during your discussions. The discussions you have and the decisions you make are usually called “jury deliberations.” Your deliberations are absolutely private and neither I nor anyone else will be with you in the jury room. Verdict: When you have finished answering the questions, you will give the verdict form to the bailiff, and we will all return to the courtroom where your verdict will be read. When that is completed, you will be released from your assignment as a juror. What are the rules? Finally, before we begin the trial, I want to give you just a brief explanation of rules you must follow as the case proceeds. Keeping an Open Mind: You must pay close attention to the testimony and other evidence as it comes into the trial. However, you must avoid forming any final opinion or telling anyone else your views on the case until you begin your deliberations. This rule requires you to keep an open mind until you have heard all of the evidence and is designed to prevent you from influencing how your fellow jurors think until they have heard all of the evidence and had an opportunity to form their own opinions. The time and place for coming to your final opinions and speaking about them with your fellow jurors is during deliberations in the jury room, after all of the evidence has been presented, closing arguments have been made, and I have instructed you on the law. It is important that you hear all of the facts and that you hear the law and how to apply it before you start deciding anything. Consider Only the Evidence: It is the things you hear and see in this courtroom that matter in this trial. The law tells us that a juror can consider only the testimony and other evidence that all the other jurors have also heard and seen in the presence of the judge and the lawyers. Doing anything else is wrong and is against the law. That means that you must not do any work or investigation of your own about the case. You must not obtain on your own any information about the case or about anyone involved in the case, from any source whatsoever. This includes reading newspapers, watching television or using a computer, cell phone, the Internet, any electronic device, or any other means at all, to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else. You must not visit places mentioned in the trial or use the internet to look at maps or pictures to see any place discussed during trial. Do not provide any information about this case to anyone, including friends or family members. Do not let anyone, including the closest family members, make comments to you or ask questions about the trial. Jurors must not have discussions of any sort with friends or family members about the case or the people and places involved. So, do not let even the closest family members make comments to you or ask questions about the trial. In this age of electronic communication, I want to stress again that just as you must not talk about this case face-to-face, you must not talk about this case by using an electronic device. You must not use phones, tablets, computers or other electronic devices to communicate. Do not send or accept any messages related to this case or your jury service. Do not discuss this case or ask for advice by any means at all, including posting information on an Internet website, chat room or blog. No Mid-Trial Discussions: When we are in a recess, do not discuss anything about the trial or the case with each other or with anyone else. If attorneys approach you, don’t speak with them. The law says they are to avoid contact with you. If an attorney will not look at you or speak to you, do not be offended or form a conclusion about that behavior. The attorney is not supposed to interact with jurors outside of the courtroom and is only following the rules. The attorney is not being impolite. If an attorney or anyone else does try to speak with you or says something about the case in your presence, please inform the bailiff immediately. Only the Jury Decides: Only you get to deliberate and answer the verdict questions at the end of the trial. I will not intrude into your deliberations at all. 1am required to be neutral. You should not assume that I prefer one decision over another. You should not try to guess what my opinion is about any part of the case. It would be wrong for you to conclude that anything I say or do means that I am for one side or another in the trial. Discussing and deciding the facts is your job alone. Use of Cell Phones and Electronic Devices in the Courtroom and Jury Room:* *The trial judge should select one of the following two alternative instructions explaining the rules governing jurors’ use of electronic devices, as explained in Note on Use 3. Alternative A: [All cell phones or other types of electronic devices must be turned off while you are in the courtroom. Turned off means that the phone or other electronic device is actually off and not in a silent or vibrating mode. You may use these devices during recesses, but even then you may not use your phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or your fellow jurors. After each recess, please double check to make sure your device is turned off. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, computers, or other electronic devices. If there are breaks in the deliberations, I may allow you to communicate with your family or friends, but do not communicate about the case or your deliberations. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. The court’s phone number will be provided to you.] Alternative B: [You cannot have any cell phones, computers, or other electronic devices in the courtroom. You may use these devices during recesses, but even then you may not use your phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or your fellow jurors. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. If there are breaks in the deliberations, I may allow you to communicate with your family or friends, but do not communicate about the case or your deliberations. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. The court’s phone number will be provided to you.] 202.3 NOTE-TAKING BY JURORS If you would like to take notes during the trial, you may do so. On the other hand, of course, you are not required to take notes if you do not want to. That will be left up to you individually. You will be provided with a note pad and a pen for use if you wish to take notes. Any notes that you take will be for your personal use. However, you should not take them with you from the courtroom. During recesses, the bailiff will take possession of your notes and will return them to you when we reconvene. After you have completed your deliberations, the bailiff will collect your notes, which will be immediately destroyed. No one will ever read your notes. If you take notes, do not get so involved in note-taking that you become distracted from the proceedings. Your notes should be used only as aids to your memory. Whether or not you take notes, you should rely on your memory of the evidence and you should not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than each juror’s memory of the evidence. 202.4 JUROR QUESTIONS Questions for the court or courtroom personnel: During the trial, you may have a question about these proceedings. If so, please write it down and hand it to the bailiff, who will then hand it to me. I will review your question with the parties and their attorneys before responding. Questions for witnesses: You also may have a question you think should be asked of a witness. If so, there is a way for you to request that I ask the witness a question. After all the attorneys have completed their questioning of the witness, you should raise your hand if you have a question. I will then give you sufficient time to write the question on a piece of paper, fold it, and give it to the bailiff, who will pass it to me. Do not put your name on the question, show it to anyone or discuss it with anyone. It is important to know that if you have a question you believe should be asked of a witness, you must raise your hand and request that I ask the witness the question before the witness leaves the witness stand. You will not have an opportunity to ask the witness a question once the witness leaves the courtroom. I will then review the question with the attorneys. Under our law, only certain evidence may be considered by a jury in determining a verdict. You are bound by the same rules of evidence that control the attorneys’ questions. If I decide that the question may not be asked under our rules of evidence, I will tell you. Otherwise, I will direct the question to the witness. The attorneys may then ask follow-up questions if they wish. If there are additional questions from jurors, we will follow the same procedure again. By providing this procedure, I do not mean to suggest that you must or should submit written questions for witnesses. In most cases, the lawyers will have asked the necessary questions. 301.1 DEPOSITION TESTIMONY, INTERROGATORIES, STIPULATED TESTIMONY, STIPULATIONS, AND ADMISSIONS a. Deposition or prior testimony: Members of the jury, the sworn testimony of (name), given before trial, will now be presented. You are to consider and weigh this testimony as you would any other evidence in the case. b. Interrogatories: Members of the jury, answers to interrogatories will now be read to you. Interrogatories are written questions that have been presented before trial by one party to another. They are answered under oath. You are to consider and weigh these questions and answers as you would any other evidence in the case. c. Stipulated testimony: Members of the jury, the parties have agreed that if (name of witness) were called as a witness, [he] [she] would testify (read or describe the testimony). You are to consider and weigh this testimony as you would any other evidence in the case. d. Stipulations: Members of the jury, the parties have agreed to certain facts. You must accept these facts as true. (Read the agreed facts). e, Admissions: L Applicable to all parties: Members of the jury, (identify the party or parties that have admitted the facts) [has] [have] admitted certain facts. You must accept these facts as true (Read the admissions). 2 Applicable to fewer than all parties: Members of the jury, (identify the party or parties that have admitted the facts) [has] [have] admitted certain facts. You must accept these facts as true in deciding the issues between (identify the affected parties), but these facts should not be used in deciding the issues between (identify the unaffected parties). (Read the admissions). 301.2 INSTRUCTION WHEN FIRST ITEM OF DOCUMENTARY, PHOTOGRAPHIC, OR PHYSICAL EVIDENCE IS ADMITTED The (describe item of evidence) has now been received in evidence. Witnesses may testify about or refer to this or any other item of evidence during the remainder of the trial. This and all other items received in evidence will be available to you for examination during your deliberations at the end of the trial. 301.3 INSTRUCTION WHEN EVIDENCE IS FIRST PUBLISHED TO JURORS The (describe item of evidence) has been received in evidence. It is being shown to you now to help you understand the testimony of this witness and other witnesses in the case, as well as the evidence as a whole. You may examine (describe item of evidence) briefly now. It will also be available to you for examination during your deliberations at the end of the trial. 301.4 INSTRUCTION REGARDING VISUAL OR DEMONSTRATIVE AIDS This witness will be using (identify demonstrative or visual aid(s)) to assist in explaining or illustrating [his] [her] testimony. The testimony of the witness is evidence; however, [this] [these] (identify demonstrative or visual aid(s)) [is] [are] not to be considered as evidence in the case unless received in evidence, and should not be used as a substitute for evidence. Only items received in evidence will be available to you for consideration during your deliberations. 301.10 INSTRUCTION BEFORE RECESS We are about to take [our first] [a] recess. Remember that all of the rules I have given you apply even when you are outside the courtroom, such as at recess. Remember the basic rule: Do not talk to anyone, including your fellow jurors, friends, family or co-workers about anything having to do with this trial, except to speak to court staff. This means no e-mailing, text messaging, tweeting, blogging, or any other form of communication. You cannot do any research about the case or look up any information about the case. Remember to observe during our recess the other rules I gave you. If you become aware of any violation of any of these rules at all, notify court personnel of the violation. After each recess, please double check to make sure [that your cell phone or other electronic device is turned off completely] [that you do not bring your cell phone or other electronic device into the courtroom or jury room]. 402.1 INTRODUCTION Members of the jury, you have now heard and received all of the evidence in this case. I am now going to tell you about the rules of law that you must use in reaching your verdict. [You will recall at the beginning of the case I told you that if, at the end of the case I decided that different law applies, I would tell you so. These instructions are (slightly) different from what I gave you at the beginning and it is these rules of law that you must now follow.] When I finish telling you about the rules of law, the attorneys will present their final arguments and you will then retire to decide your verdict. 402.2 SUMMARY OF CLAIMS The claims and defenses in this case are as follows: Plaintiff SUSAN HODGE, as Surviving Spouse and Personal Representative for the Estate of MICHAEL HODGE, claims Defendants PORT CHARLOTTE HMA, LLC d/b/a BAYFRONT HEALTH PORT CHARLOTTE, THOMAS KARTIS, JR., M.D., and THOMAS KARTIS, JR., MLD., P.A., were negligent in the care and treatment of MICHAEL HODGE, and Defendant THOMAS KARTIS, JR., M.D. was negligent in failing to obtain the informed consent of MICHAEL HODGE, which caused her harm. Defendants deny those claims. Additionally, Defendants claim Karen Rudolph, ARNP, Mamoon Jarrah, M.D., and M. JARRAH, M.D., P.A. were negligent. The parties must prove their claims by the greater weight of the evidence. I will now define some of the terms you will use in deciding this case. 402.3 GREATER WEIGHT OF THE EVIDENCE "Greater weight of the evidence" means the more persuasive and convincing force and effect of the entire evidence in the case. 402.4 (a) MEDICAL NEGLIGENCE (Physician or Hospital) Negligence is the failure to use reasonable care. Reasonable care on the part of a physician or hospital is that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by similar and reasonably careful physicians and hospitals. Negligence on the part of a physician or hospital is doing something that a reasonably careful physician or hospital would not do under like circumstances or failing to do something that a reasonably careful physician or hospital would do under like circumstances. 402.6(a) LEGAL CAUSE (Legal Cause Generally) Negligence is a legal cause of loss, injury or damage if it directly and in natural and continuous sequence produces or contributes substantially to producing such loss, injury or damage, so that it can reasonably be said that, but for the negligence, the loss, injury or damage would not have occurred. 402.6(b) LEGAL CAUSE (Concurring Cause) In order to be regarded as a legal cause of loss, injury or damage negligence need not be the only cause. Negligence may be a legal cause of loss, injury or damage even though it operates in combination with the act of another, some natural cause or some other cause if the negligence contributes substantially to producing such loss, injury or damage. 402.11(b) ISSUES ON MAIN CLAIM (Negligence Generally) The issues you must decide on Plaintiff’s claims against Defendants are: Whether Defendant PORT CHARLOTTE HMA, LLC d/b/a BAYFRONT HEALTHPORT CHARLOTTE was negligent, or whether Defendant THOMAS KARTIS, JR., M.D. and THOMAS KARTIS, JR., M.D., P.A. were negligent, or whether all were negligent, in their care and treatment of MICHAEL HODGE, and, if so, whether that negligence was a legal cause of loss, injuries and damages to SUSAN HODGE, as Surviving Spouse and Personal Representative for the ESTATE OF MICHAEL HODGE. 402.14(e) DEFENSE ISSUES (Apportionment of Fault) If, however, the greater weight of the evidence supports Plaintiff’s claims, then you shall consider the defense raised by Defendants. On this defense, the issue for you to decide is: whether MAMOON JARRAH, M.D., M. JARRAH, M.D., P.A., and KAREN RUDOLPH, ARNP were also negligent in their care and treatment of MICHAEL HODGE; and, if so, whether that negligence was a contributing legal cause of the loss, injury and damage to SUSAN HODGE, as the Surviving Spouse and Personal Representative of the Estate of MICHAEL HODGE. 402.15 BURDEN OF PROOF ON DEFENSE ISSUES (Apportionment of nonparty defense — Fabre defendants) If the greater weight of the evidence does not support Defendants’ PORT CHARLOTTE HMA, LLC d/b/a BAYFRONT HEALTH PORT CHARLOTTE, THOMAS KARTIS, JR., M.D. and THOMAS KARTIS, JR., MLD., P.A. defense that MAMOON JARRAH, M.D., M. JARRAH, M.D., P.A., and KAREN RUDOLPH, ARNP were negligent and the greater weight of the evidence supports Plaintiffs claim, then you should determine and write on the verdict form what percentage of the total negligence of both Defendants you apportion to each Defendant whose negligence you find was a legal cause of loss, injury, or damage to SUSAN HODGE, as the Surviving Spouse and Personal Representative of the Estate of MICHAEL HODGE. If, however, the greater weight of the evidence shows that one or more of Defendants and MAMOON JARRAH, M.D., M. JARRAH, M.D., P.A., and KAREN RUDOLPH, ARNP were negligent and that the negligence of each contributed as a legal cause of loss, injury, and damage sustained by SUSAN HODGE, as the Surviving Spouse and Personal Representative of the Estate of MICHAEL HODGE, you should decide and write on the verdict form what percentage of the total negligence of Defendants and MAMOON JARRAH, M.D., M. JARRAH, M.D., P.A., and KAREN RUDOLPH, ARNP you apportion to each of them. 502.1(b) WRONGFUL DEATH DAMAGES: INTRODUCTION If your verdict is for Defendants, you will not consider the matter of damages. But if the greater weight of the evidence supports SUSAN HODGE’S claim, you should determine and write on the verdict form, in dollars, the total amount of loss, injury, or damage which the greater weight of the evidence shows the Estate of MICHAEL HODGE and his surviving spouse sustained as a result of his injury and death, including any damages that the estate and the survivors are reasonably certain to incur or experience in the future. 502.2(d) WRONGFUL DEATH DAMAGES: ELEMENTS FOR SURVIVORS (Damages of surviving spouse) In determining any damages to be awarded MICHAEL HODGE’S personal representative for the benefit of MICHAEL HODGE’S surviving spouse, you shall consider certain additional elements of damage for which there is no exact standard for fixing the compensation to be awarded. Any such award should be fair and just in the light of the evidence regarding the following elements: The wife’s loss of MICHAEL HODGE’S companionship and protection, and her mental pain and suffering as a result of MICHAEL HODGE’S injury and death from the date of the injury. In determining the duration of the losses, you may consider the joint life expectancy of MICHAEL HODGE and SUSAN HODGE together with the other evidence in the case. 502.2(g) WRONGFUL DEATH DAMAGES: ELEMENTS FOR SURVIVING SPOUSE (Lost support and services) In determining any damages to be awarded MICHAEL HODGE’S personal representative for the benefit of MICHAEL HODGE’S surviving spouse, you shall consider the following elements: The wife’s loss, by reason of MICHAEL HODGE’S injury and death, of MICHAEL HODGE’S support and services. In determining the duration of any future loss, you may consider the joint life expectancy of SUSAN HODGE and MICHAEL HODGE. In evaluating past and future loss of support and services, you shall consider SUSAN HODGP’S relationship to MICHAEL HODGE, and the replacement value of MICHAEL HODGE’S services to SUSAN HODGE. “Support” includes contributions in kind as well as sums of money. “Services” means tasks regularly performed by MICHAEL HODGE for SUSAN HODGE that will be a necessary expense to SUSAN HODGE because of MICHAEL HODGE’S death. 502.5 NON-PARTY FAULT (Fabre Defendants) In determining the total amount of damages, you should not make any reduction because of the negligence, if any, of MAMOON JARRAH, M.D., M. JARRAH, M.D., P.A., and/or KAREN RUDOLPH, ARNP. The court in entering judgment will make any appropriate reduction(s). 502.8(b) LIABILITY OF MULTIPLE TORTFEASORS If you find for SUSAN HODGE against both of the Defendants, you should assess SUSAN HODGE’S damages in a single amount against both Defendants. 601.1 WEIGHING THE EVIDENCE In deciding this case, it is your duty as jurors to decide the issues, and only those issues, that I submit for your determination. You must come to an agreement about your verdict. The evidence in this case consists of the sworn testimony of the witnesses, all exhibits received in evidence and all facts that were admitted or agreed to by the parties. In reaching your verdict, you must think about and weigh the testimony and any documents, photographs, or other material that have been received in evidence. You may also consider any facts that were admitted or agreed to by the lawyers. Your job is to determine what the facts are. You may use reason and common sense to reach conclusions. You may draw reasonable inferences from the evidence. But you should not guess about things that were not covered here. And, you must always apply the law as I have explained it to you. 601.2(a) BELIEVABILITY OF WITNESSES (General Considerations) Let me speak briefly about witnesses. In evaluating the believability of any witness and the weight you will give the testimony of any witness, you may properly consider the demeanor of the witness while testifying; the frankness or lack of frankness of the witness; the intelligence of the witness; any interest the witness may have in the outcome of the case; the means and opportunity the witness had to know the facts about which the witness testified; the ability of the witness to remember the matters about which the witness testified; and the reasonableness of the testimony of the witness, considered in the light of all the evidence in the case and in the light of your own experience and common sense. 601.2(b) BELIEVABILITY OF WITNESSES (Expert Witnesses) You have heard opinion testimony on certain technical subjects from persons referred to as expert witnesses. Some of the testimony before you was in the form of opinions about certain technical subjects. You may accept such opinion testimony, reject it, or give it the weight you think it deserves, considering the knowledge, skill, experience, training, or education of the witness, the reasons given by the witness for the opinion expressed, and all the other evidence in the case. 601.2(c) BELIEVABILITY OF WITNESSES (Witness talked to a lawyer) It is entirely proper for a lawyer to talk to a witness about what testimony the witness would give if called to the courtroom. The witness should not be discredited just because the witness talked with a lawyer about his or h