PATTERN JURY INSTRUCTION COMMISSION
June 12, 2007
Minutes: Minutes of the March 2007 meeting were reviewed.
Motion to approve: J. Hagerty
Second: T. Purdon
Financial Report: The 2005-07 PJIC budget is $27,314. Through April 30, 2007 or 92% of the biennium, the Commission spent $22,627 or 83% of the budgeted amount.
Motion to approve the financial report: T. Purdon
Second: P. Myerchin
1. Minutes and instructions drafted at the March meeting were posted.
2. Requests regarding North Dakota pattern jury instructions, including the new Exemplary Damages (Harm to Others), were answered.
3. Instructions and accompanying tables and indices were prepared for the 2007 publication pending approval at this meeting.
1. L. Boschee requested further consideration of Extended Use, C - 21.42 and Reasonably Safe Product, C - 21.43. The approved draft for C - 21.42 had provided that normal use of a product for an extended period of time raises an inference that the product was not defective when sold. However, there could be design defects that would not be apparent until later or with non-routine events even with normal use, and the inference would not be applicable in those instances. L. Boschee suggests recalling C - 21.43. The ND Supreme Court has stated that it was not error to give an instruction with this content, however, it was deemed argumentative and a caution was given. These two instructions will be discussed further at the October meeting.
2. The Proximate Cause instruction was briefly examined during the March discussion of a proposed intervening or superceding cause instruction, and a question arose regarding the revisions made to Proximate Cause and whether foreseeability needs to be addressed. The staff attorney will review this for possible assignment.
The instructions approved at the October 2006 and March 2007 meetings were reviewed.
Motion to publish the instructions excluding C - 21.42 and C - 21.43: T. Purdon
Second: P. Myerchin
1. Presumption, K - 5.18 (P. Myerchin)
2. Preceding the Viewing of Premises, New (Civil and Criminal) (P. Myerchin)
3. Liability for Snow and Ice, New (excluding municipalities) (A. Boucher)
4. False Arrest and Unlawful Detention by Private Person, New (A. Boucher)
5. 1986 Presumptions, C - 80.60, 80.62, and 80.64 (A. Boucher)
6. Presumption of Fair Market Value (Deficiency Judgment), C - 80.66 (J. Hagerty)
7. Eminent Domain review, C - 75.00 excluding C - 75.01 and C - 75.04 (B. Beehler)
8. Legal Entities, C - 55.12, 55.14, and 55.50 (A. Page)
9. Partnership, C - 55.40, C - 55.45, and New (A. Page)
10. Terrorizing, K - 8.32 (J. Greenwood)
11. Extended Use, C - 21.42 and Reasonably Safe Product, C - 21.43 (L. Boschee)
12. False Report to Law Officer (P. Myerchin)
13. Review of criminal legislation (J. Simonson and J. Hagerty)
14. Proximate Cause (is an update needed?) (J. Hauge)
The October meeting will be October 4th and 5th in Bismarck at the Heritage Center. This was the staff attorney's last meeting and she thanked the Commission for the opportunity to have served and for the recognition received.
Lynn A. Kerbeshian
2575 So. 35th St.
Grand Forks, ND 58201