Section 18.49 Instructions

• Library: Tort Law 2016

Jury instructions set out the legal rules a jury should follow when deciding a case. It is essential to consult Missouri Approved Jury Instructions (MAI) (Thomson Reuters 2012 and Oct. 2014 Supp.). In Dubinksy v. United States Elevator Corp., 22 S.W.3d 747, 752–53 (Mo. App. E.D. 2000), the court noted that when an MAI is applicable, its use is mandatory. Any deviation from or unnecessary modification of the instruction is presumptively prejudicial, and "[t]he Notes on Use are to be ‘religiously followed.’" Id. at 753 (quoting Sands v. R.G. McKelvey Bldg. Co., 571 S.W.2d 726, 730 (Mo. App. E.D. 1978)). "‘If an instruction following MAI conflicts with the substantive law, any court should decline to follow MAI.’" Clark v. Mo. & N. Ark. R.R. Co., 157 S.W.3d 665, 671 (Mo. App. W.D. 2004) (citing State v. Carson, 941 S.W.2d 518, 520 (Mo. banc 1997)).

MAI 4.01 [2002 Revision] is the proper instruction to use if there is both personal and property damage. Rule 71.06 requires the jury verdict to state separately the amount awarded for personal injuries and the amount awarded for property damage. If failure to mitigate damages is submitted, this instruction must be modified in accordance with the Notes on Use (2002 Revision). Further, this instruction should not be used in a comparative fault case. MAI 37.03 [1986 New] should be consulted for the damage instruction in a comparative fault case.

In the Committee Comment to MAI 4.01 [2002 Revision], the authors concluded that it is best to adopt a uniform approach to the submission of the doctrine of mitigation of damages in all cases as reflected in MAI 32.29 [2002 New] and MAI 4.01 [2002 Revision].

MAI 4.02 [1980 Revision] is appropriate in cases involving property damage only. When using...