Philip Morris: Proposed General Verdict Form


JURY INSTRUCTION NO

 


ARNOLD & PORTER

PETER K. BLEAKLEY (Admitted pro hac vice)

MAURICE A. LEITER (State Bar No. 123732)

777 South Figueroa Street, 44th Floor

Los Angeles, California  90017-5844

Telephone:  (213) 243-4000

Facsimile:  (213) 243-4199

 

Attorneys for Defendant Philip Morris Incorporated

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES

 

 

BETTY BULLOCK,

 

 

                           Plaintiff,

 

 

         v.

 

 

PHILIP MORRIS INCORPORATED, et al., 

 

                           Defendants.

 

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Case No. BC 249171

 

PROPOSED GENERAL VERDICT FORM

 

 

 

 

Dept.:  19

Judge:  Hon. L. Warren Ettinger

 

Action Filed:  April 24, 2001

Trial Date:  August 5, 2002

 

 

            Defendant Philip Morris Incorporated hereby submits the attached General Verdict Form for use in this case.

 

 

Dated: August __ , 2002 

 

ARNOLD & PORTER
PETER K. BLEAKLEY

MAURICE A. LEITER

 

 

By:                                               
  MAURICE A. LEITER
  Attorneys for Defendant
  Philip Morris Incorporated

 

#265031v1

 

 

Do not delete the Section Break following this comment!!!

 

GENERAL VERDICT

We, the jury in the above-entitled action, find the following General Verdict on the questions submitted to us:

 

Question No. 1:  Was plaintiff’s injury caused by a defect in the design of defendant’s cigarettes?

                                                                        Yes   No
                                                                        ____ ____

 

Question No. 2:  Was plaintiff’s injury caused by a failure of defendant adequately to warn her about the dangers of smoking cigarettes before July 1, 1969?

                                                      Yes   No
                                                                        ____ ____

Question No. 3:  Was plaintiff’s injury caused by a negligent design of defendant’s cigarettes?

                                                                        Yes   No
                                                                        ____ ____

 

Question No. 4:  Was plaintiff’s injury caused by a negligent failure of defendant adequately to warn her about the dangers of smoking cigarettes before July 1, 1969?

                                                      Yes   No
                                                                        ____ ____

Question No. 5:  Was plaintiff’s injury caused by her relying on a misrepresentation intentionally made to her by defendant?

                                                                        Yes   No
                                                                        ____ ____

                  Question No. 6:  Was plaintiff’s injury caused by an intentional concealment of information from her by defendant before July 1, 1969?

                                                                        Yes   No
                                                                        ____ ____

Question No. 7:  Was plaintiff’s injury caused by her relying on a misrepresentation negligently made to her by defendant?

                                                                        Yes   No
                                                                        ____ ____

Question No. 8:  Was plaintiff’s injury caused by her relying on a false promise as to a material matter made by defendant?

                                                                        Yes   No
                                                                        ____ ____

If you have answered “no” to all of Questions 1, 2, 3, 4, 5, 6, 7 and 8, date and sign this verdict, do not consider Question No. 9, and return this verdict.  If you have answered “yes” to one or more of Questions 1, 2, 3, 4, 5, 6, 7 or 8, proceed to Question No. 9.

Question No. 9:

What is the total amount of damages, including economic and non-economic damages, if any, sustained by Betty Bullock and caused by the wrongful conduct or defective products on which you based your finding of liability?

(a) Economic Damages:                  $                                 

(b) Non-Economic Damages:          $                                 

                                    TOTAL:     $ _________________

If you find “none” or “no damages,” date and sign this verdict, do not consider Question No. 10, and return the verdict.

If you have answered Question No. 9 with a dollar amount, proceed to Question No.10. 

 

Question No. 10:

Do you find by clear and convincing evidence that Philip Morris was guilty of malice, fraud, or oppression in the conduct on which you base your answer to any of questions 1 through 8?

                                                                        Yes   No
                                                                        ____ ____

 

                  If yes, on which question or questions do you find fraud, malice or oppression by clear and convincing evidence?

                                             ______________________________

        


 

                  If your answer to Question 10 was “yes,” additional information will be provided to you.

 

Date and sign this verdict, and return it.

Dated:                                                                                        
                                                                        Foreperson

END OF DOCUMENT