UJI 13-1010 NMRA
UJI 13-1010. Actual injury and compensatory damages.
If you should decide in favor of the plaintiff on the question of liability, you must then
fix the amount of money which will reasonably and fairly compensate plaintiff for the
actual injury caused by the defamatory communication.
Plaintiff claims and has the burden of proving that the defamatory communication
caused one or more of the following injuries:
[(1)
Loss of business profits] [;] [and]
[(2)
Loss of salary] [;] [and]
[(3)
Loss of the sale of plaintiff’s stock] [;] [and]
[(4)
Out-of-pocket expenses for __________________] [;] [and]
[(5)
Harm to plaintiff’s good name and character among plaintiff’s friends,
neighbors and acquaintances] [;] [and]
[(6)
Harm to plaintiff’s good standing in the community] [;] [and]
[(7)
Personal humiliation] [;] [and]
[(8)
Mental anguish and suffering] [;] [and]
[(9)
__________________]
The cause of an injury is that which in a natural and continuous sequence unbroken
by an independent intervening cause produces that injury, and without which the injury
would not have occurred. It need not be the only cause, nor the last, nor nearest cause.
It is sufficient if it occurs with some other cause acting at the same time, which, in
combination with it, causes the injury.
In determining the amount of damages, you may only award money to compensate
for the above-listed actual injuries proved by the plaintiff to have been suffered by
plaintiff. It is not necessary for plaintiff to present evidence which assigns an actual
dollar value to the injuries. In determining compensation for plaintiff’s actual injuries, if
any, you should follow your conscience as impartial jurors, using calm and reasonable
judgment and being fair to all parties.