Erin Andrews Civil Trial Day 8 Part 1 03/04/16

TL;DR

The content discusses the need for modifications to certain jury instructions, particularly in cases of emotional distress claims, as well as the inclusion of evidence in relation to witnesses.

Transcript

a a good place to start looking is on the next page bottom right hand corner is page 13 and right in the upper left hand corner that first paragraph the last sentence of the Tennessee Supreme Court says we do not approve of the continued usage of the quote unable to endure it quote standard and it talks on the previous P I'll let you read that righ... Read More

Key Insights

• 🛄 The Tennessee Supreme Court's ruling contradicts the current jury instructions regarding emotional distress claims.
• 😣 The manual needs to be modified to remove the requirement of a serious or severe emotional injury.
• 😷 Expert medical or scientific proof is no longer a necessity to prove severe emotional injury.
• 😥 The inclusion of evidence related to witnesses in the absence of a witness is a point of contention.
• ❓ The court is considering including an instruction related to inkeepers and their agents.
• 😒 There is a debate about the use of a per diem argument in the closing arguments, with one side arguing that it misleads the jury.
• ❤️‍🩹 The burden of proof instruction needs to clarify the relationship between Windsor and West End in negligence claims.

Questions & Answers

Q: Why does the Tennessee Supreme Court disapprove of the "unable to endure" standard in emotional distress claims?

The Supreme Court believes that most people can endure or cope with anything unless it kills them, making the standard unjust.

Q: How should the 14.17 jury instruction be modified?

The first sentence should remain, but the sentence mentioning the requirement of a serious or severe emotional injury should be removed.

Q: Is expert medical or scientific proof necessary to prove severe emotional injury?

No, it is not a requirement. The court allows lay people's testimonies to be considered, although scientific expert testimony can also be included if desired.

Q: Who is responsible for compiling the jury instructions?

There are 20 judges in the state of Tennessee who compile these instructions, and it is surprising that they have missed the need for modifications for three years.

Summary & Key Takeaways

• The Tennessee Supreme Court disapproves of the use of the "unable to endure" standard in claims of emotional distress.

• The current jury instruction manual needs to be modified to align with the Supreme Court's ruling.

• Expert medical or scientific proof is not a requirement for proving severe emotional injury, and lay people's testimonies can be considered.