Hello,

Using the case file below can you help me with what are some possible jury instructions I would have to submit to the court? Best, Marj.

One night an over-the-road truck driver, Joe, was driving on I-70 around 11:00 p.m. All of the sudden Joe noticed that there was a car in the middle of the highway with no lights on. Joe attempted to swerve at the last minute to avoid a collision but ended up clipping the corner of the passenger's side of the back bumper of the vehicle causing it to spin. Along comes John,, from around a curve, sees the car and swerves missing the car entirely. However, in doing so he ran over Greg, a passenger in the vehicle, dragging him over 100 feet. Greg was found dead. The coroner determined that it was most probable that Greg was dead before John ran him over. An expert in traffic accident reconstruction determined that the impact of Joe's truck with Greg's vehicle could have launched Greg from the car and into the road. Greg's family, his mom, dad, 5 year-old son and the son's mother all filed a complaint against Joe and John for wrongful death.

The evidence at trial established the following:

John is a stock car driver and the car he was driving that night could exceed 120 mph.

Joe had driven from Pennsylvania to Oregon and was driving back to Pennsylvania the night of the accident. You also learned that Joe had cheated on his log book in the last 2 years.

Greg had not had a job for at least 6 months, has been in prison, and had never paid child support for his 5-year-old son.

Greg was close to his mom, but he had been estranged from his father for the last 2 years. Greg's mom and dad see his 5-year-old son on a regular basis.

Greg and his son's mom were never married, nor did they live together.

Greg had not had a job for at least 6 months, has been in prison and had never paid child support for his 5-year-old son.

Greg never graduated high school but did have some vocational training in automobile repair.

Within the last 6 months, Greg had been working on getting his GED certificate.

Greg's mom babysits Greg's son when his mom works. Greg is often present when his mom babysits his son.

Greg has been living with his parents over the last year and a half. Greg has not contributed money to pay rent, buy food, or pay any other living expenses.

John is a resident of Pennsylvania.

Joe is a resident of Missouri.

Greg, his mom, dad, and son are residents of Kansas.

Greg's son's mom is a resident of Kansas.

The accident occurred in Missouri.