Case 1:12-cv JD Document 155 Filed 04/14/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

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1 Case 1:12-cv JD Document 155 Filed 04/14/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE ) TOWN OF WOLFEBORO ) ) Civil No. 1:12-cv JD Plaintiff, ) v. ) ) WRIGHT-PIERCE, ) Defendant. ) ) WRIGHT-PIERCE S PROPOSED SPECIAL VERDICT FORM Now comes the defendant, Wright-Pierce, and hereby submits the following proposed Special Verdict Form for submission to the jury. COUNT 1 PROFESSIONAL NEGLIGENCE 1. Did the Town of Wolfeboro prove by a preponderance of the evidence that Wright- Pierce owed it a duty? 2. Did the Town of Wolfeboro prove by a preponderance of the evidence that Wright- Pierce s conduct breached its duty by failing to comply with the standard of care for a design professional in New Hampshire and exercise that skill and judgment which can reasonably be expected from a similarly situated professional? 3. Did the Town of Wolfeboro prove by a preponderance of the evidence that the failure of Wright-Pierce to comply with the standard of care for a design professional in New Hampshire and exercise that skill and judgment which can reasonably be expected from a similarly situated professional was a substantial contributing cause of damages sustained by the Town? 1

2 Case 1:12-cv JD Document 155 Filed 04/14/14 Page 2 of 7 4. Do you find by a preponderance of the evidence that the Town of Wolfeboro was negligent? 5. Do you find by a preponderance of the evidence that the Town of Wolfeboro s own negligence was a proximate cause of its damages? 6. What percentage of fault for the damages claimed by the Town of Wolfeboro do you attribute to: Town of Wolfeboro Wright-Pierce % % COUNT 2 BREACH OF CONTRACT 7. Did the Town of Wolfeboro prove by a preponderance of the evidence that the Town of Wolfeboro and Wright-Pierce executed a valid contract? 8. Did the Town of Wolfeboro prove by a preponderance of the evidence that Wright- Pierce failed to fulfill any express obligation under the contract? 9. Did the Town of Wolfeboro prove by a preponderance of the evidence that Wright- Pierce s failure to fulfill its obligation was material to the purpose of the contract? 2

3 Case 1:12-cv JD Document 155 Filed 04/14/14 Page 3 of Did the Town of Wolfeboro prove by a preponderance of the evidence that Wright- Pierce was without legal excuse in failing to fulfill its obligation under the contract? 11. Did the Town of Wolfeboro suffer damages as a result of Wright-Pierce s breach of contract? COUNT 3 NEGLIGENT MISREPRESENTATION 12. Did the Town of Wolfeboro prove by a preponderance of the evidence that Wright- Pierce misrepresented a known fact to the Town? 13. Did the Town of Wolfeboro prove by a preponderance of the evidence that the fact that was misrepresented by Wright-Pierce was material to the transaction between the Town and Wright-Pierce? 14. Did the Town of Wolfeboro prove by a preponderance of the evidence that the misrepresentation was made by Wright-Pierce for the purpose of inducing the Town to act? 15. Did the Town of Wolfeboro prove by a preponderance of the evidence that the Town relied upon the misrepresentation and that the Town s reliance was reasonable? 3

4 Case 1:12-cv JD Document 155 Filed 04/14/14 Page 4 of Did the Town of Wolfeboro suffer damages as a result of Wright-Pierce s negligent misrepresentation? COUNT 4 FRAUDULENT MISREPRESENTATION 17. Did the Town of Wolfeboro prove by clear and convincing evidence that Wright- Pierce fraudulently misrepresented a known fact to the Town? 18. Did the Town of Wolfeboro prove by clear and convincing evidence that the known fact that was fraudulently misrepresented by Wright-Pierce was material to the transaction between the Town and Wright-Pierce? 19. Did the Town of Wolfeboro prove by clear and convincing evidence that the misrepresentation was made with a fraudulent intent? 20. Did the Town of Wolfeboro prove by clear and convincing evidence that the Town believed the misrepresentation and that its reliance on the misrepresentation was reasonable? 21. Did the Town of Wolfeboro suffer damages as a result of a fraudulent misrepresentation by Wright-Pierce? 4

5 Case 1:12-cv JD Document 155 Filed 04/14/14 Page 5 of 7 COUNT 5 VIOLATION OF N.H. R.S.A. 358-A 22. Did the Town of Wolfeboro prove by a preponderance of the evidence that Wright- Pierce engaged in an unfair method of competition or used a deceptive act or practice in the course of its business with the Town? 23. Did the Town of Wolfeboro prove by a preponderance of the evidence that Wright- Pierce s conduct offends public policy? 24. Did the Town of Wolfeboro prove by a preponderance of the evidence that Wright- Pierce s conduct was immoral, unethical, oppressive, or unscrupulous? 25. Did the Town of Wolfeboro prove by a preponderance of the evidence that Wright- Pierce s unfair method of competition or deceptive act or practice caused substantial injury to the Town? 26. Did the Town of Wolfeboro suffer damages as a result of Wright-Pierce s violation of R.S.A. 358-A? [If YES, proceed to the next question; if NO, proceed to the next question only if you answered YES to Question Nos. 6, 11, 16 or 21; otherwise, you have reached a verdict, please have the foreperson sign the last page.] 5

6 Case 1:12-cv JD Document 155 Filed 04/14/14 Page 6 of 7 DAMAGES 27. Were the actions of the Town of Wolfeboro a superseding cause of its damages? [If YES, you have reached a verdict, please have the foreperson sign the last page; if NO, proceed to the next question.] 28. Did the Town of Wolfeboro prove by a preponderance of the evidence the amount of its damages? [If YES proceed to the next question; if NO, you have reached a verdict, please have the foreperson sign the last page.] 29. What is the amount of damage you find will fairly and adequately compensate the Town of Wolfeboro for the damages it sustained? Amount in Words: Amount in Dollars: $ 30. Do you find by a preponderance of the evidence that the Town of Wolfeboro failed to exercise reasonable care and effort to avoid loss and to minimize its damages? [If YES, proceed to the next question; if NO, proceed to Question No. 32.] 31. What amount of money should be deducted from the Town of Wolfeboro s damages for the Town s failure to exercise reasonable care and effort to avoid loss and minimize damages? Amount in Words: Amount in Dollars: $ 6

7 Case 1:12-cv JD Document 155 Filed 04/14/14 Page 7 of Do you find that the Town of Wolfeboro retained some value that resulted from the work provided by Wright-Pierce? [If YES, proceed to the next question; if NO, you have reached a verdict, please have the foreperson sign the last page.] 33. What amount of money should be deducted from the Town of Wolfeboro s damages for the value that resulted from the work provided by Wright-Pierce? Amount in Words: Amount in Dollars: $ Please have your foreperson sign and date this form and notify the court officer that the jury has reached a verdict by unanimous decision. Foreperson: 7