Page 1 of 13 MOTOR VEHICLE VOLUME DESCRIPTIVE WORD INDEX. (All references are to N.C.P.I.--Civil (Motor Vehicle Volume) instruction numbers)

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1 Page 1 of 13 MOTOR VEHICLE VOLUME DESCRIPTIVE WORD INDEX (All references are to N.C.P.I.--Civil (Motor Vehicle Volume) instruction numbers) ACCIDENT, DUTY TO STOP AND RENDER AID, ACT OF GOD, ACTIVITY BUSES. See SCHOOL BUSES. ADMISSIONS, REQUESTS FOR, ADMONITION TO JUDGE ON STATING EVIDENCE AND RELATING THE LAW THERETO, AGENCY. Basic charge--issue; definition; burden of proof, Departure from course of employment, Family purpose--complete instruction, Final mandate, Independent contractor, Lent-servant doctrine, Ownership as prima facie proof of agency, Registration as prima facie proof of ownership and agency, Riders in vehicle--authority of agent to permit, Use of agent's own vehicle, Use of motor vehicle by transferee of agent, Willful or intentional injury by agent, ALLEN CHARGE, AMBULANCES. See EMERGENCY VEHICLES. ANIMALS. Duties of person riding or driving, Passing horses or other draft animals, ANTICIPATING NEGLIGENCE OF OTHERS. On issue of contributory negligence, On issue of defendant's negligence, ATTORNEY'S FEES NOT TO BE CONSIDERED BY JURY, BACKING VEHICLES, BICYCLES. Children riding on or near highway, Lights required, BLIND PERSON--CROSSING AT INTERSECTION, BRAKES. Required for most motor vehicles, Required for motorcycles,

2 Page 2 of 13 Required for towed vehicles, Required for trucks, BRIDGES--SPEED ON, BURDEN OF PROOF Definition, Clear, strong, and convincing, BUSINESS OR RESIDENTIAL DISTRICT--SOUNDING HORN FOR PASSING, CAMERAS IN COURTROOM, CHARACTER OF A WITNESS, CHARTS, CHILDREN. See MINORS. CIRCUMSTANTIAL EVIDENCE, CLEAR, STRONG, AND CONVINCING EVIDENCE, COASTING PROHIBITED, CONCLUDING INSTRUCTION, CONCURRING NEGLIGENCE, CONSORTIUM, CLAIM FOR LOSS OF action, damages, CONTENTIONS OF ATTORNEYS, CONTENTIONS OF NEGLIGENCE. Defendant's negligence, Plaintiff's contributory negligence, Plaintiff's negligence (counterclaim), CONTRIBUTION--NEGLIGENCE OF THIRD PARTY TORT FEASOR, CONTRIBUTORY NEGLIGENCE ISSUE. Burden of proof, Contentions of, Definition of, Gratuitous passenger or guest, Duties of, Voluntarily and knowingly riding with drunk driver, Minor between 7 and 14 years of age, No duty to anticipate other's negligence, Pedestrian's violation of motor vehicle laws, Sudden emergency doctrine, Willful or wanton conduct to defeat contributory negligence, Willful or wanton conduct, defense of contributory willful or wanton conduct, CONTROL OF VEHICLE. General proper control, Skidding, COMMERCIAL VEHICLE DRIVING WHILE USING MOBILE PHONE,

3 Page 3 of 13 COURT HAS NO OPINION, CREDIBILITY OF WITNESS, CURVES. Driving left of center, Passing, Speed, DAMAGES MEASURE OF. See also PERSONAL INJURY DAMAGE ISSUE AND PROPERTY DAMAGE ISSUE. Irrelevant matters not considered, Loss of use of vehicle, (plaintiff); (defendant--counterclaim). Personal injury, Defendant s (counterclaim), issue and burden of proof, Property damage, (plaintiff); (defendant--counterclaim). Punitive damages, (existence of outrageous or aggravated conduct); (whether to make award and amount; (106.55) whether to make award--special cases). Worker's compensation award as set off/deduction, Wrongful death, DEPARTURE FROM COURSE OF EMPLOYMENT, DEPOSITION. Evidence, Testimony, DISABLED VEHICLES. Parking on highway, Parking on shoulder, (footnote); A (footnote) Stopping on highway or bridge (posted speed limit less than 45 miles per hour), A Stopping on highway or bridge (posted speed limit more than 45 miles per hour), B Trucks--warning signals required, DRAM SHOP LIABILITY. Common law liability for providing alcohol to person expected to drive, Sale to intoxicated person, , Sale to underage person, Defense of aiding and abetting sale, DRIVER IDENTIFICATION, DRIVER'S DUTY TO PEDESTRIAN. See PEDESTRIAN. DRIVING LEFT OF CENTER. See also DRIVING ON RIGHT. On curves, On hill crests, Passing--two-lane highway, DRIVING ON RIGHT. See also DRIVING LEFT OF CENTER. Four-lane highway,

4 Page 4 of 13 In general, Intersections, Motorcycles, Mountain highway, Passing on right, Railroad crossings, Slow speed, DRIVING WHILE IMPAIRED, DYNAMITE CHARGE, EMERGENCY, SUDDEN, (defendant's negligence); (contributory negligence). EMERGENCY, SUDDEN, EXCEPTION TO NEGLIGENCE PER SE, EMERGENCY VEHICLES. Approaching parked or standing emergency vehicles, , Chasing firetrucks, (inside city limits); (outside city limits). Duty of driver on non-emergency vehicle, Interference with fire equipment, Parking close to, Right-of-way, Speed. General, (Delete Sheet). Willful or wanton conduct, EMOTIONAL DISTRESS. Intentional or reckless infliction of, Negligent infliction of, EVIDENCE Circumstantial, Deposition, Duty to Recall, EXPERT WITNESS, EXPLOSIVES. Fire extinguishers required on vehicle carrying, ; Marking or flagging vehicle carrying, ; Railway crossings--when vehicle carrying must stop, FAILURE OF JURY TO REACH VERDICT, FAILURE TO REDUCE SPEED, A. FAMILY PURPOSE DOCTRINE--COMPLETE INSTRUCTION, FINAL MANDATES. Agency issue, Contributory negligence issue, Family purpose issue, Last clear chance issue, Loss of use of vehicle--damage issue, (plaintiff); (defendant-- counterclaim).

5 Page 5 of 13 Negligence issue, (defendant's negligence); (plaintiff's negligence-- counterclaim). Personal injury damage issue, (plaintiff's); (defendant's--counterclaim). Property damage issue, (plaintiff's); (defendant's--counterclaim). Wrongful death damage issue, FIRE TRUCKS AND FIRE DEPARTMENT VEHICLES. See EMERGENCY VEHICLES. FLAG REQUIREMENTS. Disabled trucks, Protruding load, Vehicles carrying explosives, FLAT TRUCKS--SECURING LOAD, FOLLOWING TOO CLOSELY. Generally, Overtaking vehicle, FOREPERSON OF JURY--SELECTION OF, FUNCTION OF JURY, GLASS--SAFETY GLASS REQUIRED, GREATER WEIGHT OF THE EVIDENCE, GUEST PASSENGER Duties of, Knowingly riding with drunk driver, HEADLIGHTS. See LIGHTS. HILLS. Driving left of center, Passing, Speed, HITCHHIKING, HORN SOUNDING. Mountain highways, Passing, common law duty, Passing outside business or residential district, IDENTIFICATION OF DRIVER, ILLUSTRATIVE EVIDENCE, IMPEACHMENT OF WITNESS. By character evidence, By cross-examination as to prior conviction of crime, By prior inconsistent statement, INDEPENDENT CONTRACTOR, INFLATION NOT TO BE CONSIDERED BY JURY, INSULATING NEGLIGENCE, INSURANCE NOT TO BE CONSIDERED BY JURY, INTERESTED WITNESS, INTERROGATORIES,

6 Page 6 of 13 INTERSECTIONS. Blind persons crossing, Passing at, Pedestrians crossing, Right-of-way. First vehicle entering, Signal lights inside corporate limits where ordinance introduced in evidence, Signal lights inside corporate limits where ordinance not introduced, Stop signs, , Vehicle control signal outside corporate limits, Vehicle on right, Yield signs, Speed at, Turning left, Turning right, INTERSTATE HIGHWAYS. Crossing central dividing line, Entering and exiting, Failing to yield right-of-way, Improper lane, Stopping on, Turns on, Wrong way on, ISSUES--GENERAL EXPLANATION, JUDGE HAS NO OPINION, JUDGE'S RECAPITULATION OF EVIDENCE, JUDICIAL NOTICE, JUROR, NOTE TAKING, JURY BASE VERDICT ON FACT NOT CONSEQUENCES, JURY DISCHARGE, JURY FAILURE TO REACH VERDICT, JURY TO CONSIDER ALL CONTENTIONS, JURY TO CONSIDER ONLY MATTERS IN EVIDENCE, LANE. Duty to drive in proper, Slow driver in right, LAST CLEAR CHANCE--COMPLETE INSTRUCTION, with Memo--when to give instruction. LENT-SERVANT DOCTRINE, LICENSE. Operating without license and under age, Permitting operation by unlicensed driver, ,

7 Page 7 of 13 LIGHTS. Bright lights prohibited when parked, Dimming headlights required, Night parking on highway, , Protruding load, Required lights--bicycles, Required lights--most motor vehicles, Required lights--most motor vehicles and motorcycles--stoplights, Required lights--motorcycles, ; LIMITING INSTRUCTION AS TO PARTIES, LIMITING INSTRUCTION AS TO PURPOSE, LIQUOR--DRIVING WHILE IMPAIRED, LOOKOUT--DUTY TO KEEP, MANDATES. See FINAL MANDATES. MAPS, MEETING VEHICLES--KEEPING TO RIGHT, MINORS. Contributory negligence of child between 7 and 14 years of age, Children (including those on bicycles) on highways and streets, Duty of motorist toward child on highway, , , Negligence of minor between seven and fourteen years of age, Negligence of minor between fourteen and sixteen years of age, A. Operating without license and under age, Parent's claim for negligent injury to, Transporting in open bed of vehicle, MITIGATION OF DAMAGES, MODELS, MODEL MOTOR VEHICLE NEGLIGENCE CHARGE and VERDICT SHEET, MOPED OPERATOR (UNDER AGE), MOTION PICTURES, MOTORCYCLES. Brakes required, Full use of a lane permitted, Helmets required for riders, Lights required, ; ; More than two abreast prohibited, Overcrowding, Rear view mirror required, NARROW OR WINDING ROADWAY, , NEGLIGENCE ISSUE. Burden of proof, Concurring negligence,

8 Page 8 of 13 Defendant's negligence, Definition of common law negligence, Definition of negligence per se, Joint conduct, multiple tortfeasors, Negligence of minor between seven and fourteen years of age, Negligence of minor between fourteen and sixteen years of age, A. No duty to anticipate negligence, Plaintiff's negligence (counterclaim), Stipulation, A Sudden emergency, Third party tort feasor, contribution, Willful or wanton conduct, Willful or wanton conduct--defense of contributory, willful or wanton conduct, Willful or wanton conduct to defeat contributory negligence, NEGLIGENCE PER SE. Definition, Sudden emergency exception, ; Violation of safety statute, "NO CONTACT" RULE, ; NO PASSING SIGNS, , NOTE-TAKING BY JURORS, ONE-WAY TRAFFIC, OPENING STATEMENT, OVERLOADING AND OVERCROWDING. Motorcycles, Other vehicles, OWNERSHIP OF VEHICLE AS PRIMA FACIE PROOF OF AGENCY, PARKING. See also LIGHTS. On highway, On highway, posted speed of less than 45 mph, A On highway, posted speed of more than 45 mph, B On shoulder of highway, Setting brakes, etc., Too close to emergency vehicle, PASSENGERS. See RIDERS IN VEHICLE. PASSING. Crossing center line, , Meeting vehicles, No passing signs, , On two-lane highway, Overtaken vehicle to give way, Passing animals,

9 Page 9 of 13 Passing on right, Railway grade crossings, Sounding horn, (common law duty); (outside business or residential area). When overtaken vehicle stopped for pedestrian, PEDESTRIANS. Blind pedestrians at intersections, Contributory negligence when violating motor vehicle laws, Crossing at intersection, (with special pedestrian control signals); (with vehicular traffic signals); (motorist's duty). Crossing at other places, (motorist's duty with special pedestrian signals); (with special pedestrian control signals); (with vehicular traffic signals). Crossing highway in crosswalk, Crossing highway where no crosswalk, Driver's duty to, At crosswalk or intersection, At intersection or other place with special pedestrian signals, Turning at intersection with traffic lights, Of following driver when vehicle stopped for pedestrian, Hitchhiking, Lookout duty of, (with right-of-way); (without right-of-way). Motorist's duty toward, A (at crosswalk); A (walking on highway). Soliciting business, etc. on highway, Standing or loitering on highway, Standing, sitting or lying on highway to obstruct traffic, Walking on left of highway, When vehicle stopped for pedestrian--duty of following driver, PER DIEM ARGUMENT, PEREMPTORY INSTRUCTION, PERSONAL INJURY DAMAGE ISSUE--STATEMENT OF; BURDEN OF PROOF. See also DAMAGES. Defendant's (counterclaim), Plaintiff's PHOTOGRAPHS, POLICE VEHICLES. See EMERGENCY VEHICLES. PRESUMPTIONS, PRIOR INCONSISTENT STATEMENT OF WITNESS, PROPERTY DAMAGE ISSUE--STATEMENT OF: BURDEN OF PROOF. Defendant's (counterclaim), Plaintiff's PROXIMATE CAUSE. Act of God,

10 Page 10 of 13 Definition, General instruction, Insulating negligence, , Joint and concurring negligence, , Multiple causes, , "No contact" rule, ; Peculiar Susceptibility, PUNITIVE DAMAGES. Defendant's liability, Existence of malicious conduct, wrongful death case, A. Existence of outrageous or aggravated conduct, Insurance company's bad faith failure to settle claim, B. Whether to make award and amount, ; Whether to make award--special cases, RACING ON HIGHWAYS AND STREETS, RAILROAD CROSSING. Buses and trucks to stop, Operator's (Driver's) duty of care at, Passing at, Railroad's duty of care at, Extra hazardous crossing, Give warning, Keep lookout, Maintain, Maintain signals, A. Obstructions, A. Stop signs, Warning signals, REAR VIEW MIRRORS. Inside mirrors--most vehicles, Outside mirrors (including motorcycles), Pickup trucks, Vehicles so loaded as to render inside mirror ineffective, RECAPITULATION OF EVIDENCE, RECESSES, RECKLESS DRIVING, REGISTRATION OF VEHICLE AS PRIMA FACIE PROOF OF OWNERSHIP AND AGENCY, RELATING THE LAW TO THE EVIDENCE, RESCUE SQUAD VEHICLE. See EMERGENCY VEHICLES. REVIEW OF EVIDENCE AND STIPULATIONS, RIDERS IN VEHICLE. Authority of agent to invite or permit,

11 Page 11 of 13 Gratuitous passenger or guest. Duty of, Knowingly riding with drunk driver, RIGHT-OF-WAY. See also PEDESTRIANS. Emergency vehicles, , Meeting vehicles, Overtaken vehicle to give way, Private road or drive, , Traffic circle, Vehicles at intersections. Duty of driver on dominant highway, , One vehicle intending to turn left, (at intersection); (at alley, private road or driveway). Signal lights, (other than at intersections); (inside corporate limits where ordinance introduced in evidence); (inside corporate limits where ordinance not introduced). Stop signs, , Vehicle control signals at intersection, Vehicle on right, Vehicle turning, (right); (left). When driver on servient highway has right-of-way, Yield signs, SAFETY ZONE, DRIVING THROUGH, SAFETY STATUTE OR ORDINANCE--VIOLATION AS NEGLIGENCE PER SE, SCHOOL BUSES. Not to stop on divided highways, Speed limits, Stopping at railway crossings, Stopping for, SCHOOL ZONES--SPEED LIMIT, SHOULDER OF HIGHWAY. Parking on, Walking on, SIDEWALKS, DRIVING ON, SIGNAL LIGHTS. See RIGHT-OF-WAY. SKIDDING VEHICLE, SLOW DRIVING. Driving on right, No prescribed minimum speed, Prescribed minimum speed, SPECIAL HAZARDS--REDUCING SPEED, SPEED. Basic speed limits,

12 Page 12 of 13 Bridges, causeways and viaducts, Curve, Driving too slowly. See Slow Driving. Emergency vehicles. General, (Delete Sheet). Willful or wanton conduct (gross negligence), Hill crest, Intersection, Failure to reduce, A. Mountain highway, Narrow or winding roadway, , Reasonable and prudent, Reckless driving, School and activity buses, School zones, Speed competition (racing), When being passed, SPEED COMPETITION ON HIGHWAYS AND STREETS, STARTING--SIGNALS REQUIRED, STEERING MECHANISM, STIPULATION OF NEGLIGENCE, A STIPULATIONS, STOP LIGHTS ON VEHICLES. See LIGHTS. STOP SIGNS. See RAILWAY GRADE CROSSINGS; RIGHT-OF-WAY. STOPPING--SIGNALS REQUIRED, STOPPING AFTER ACCIDENT, STOPPING FOR SCHOOL BUSES, STOPPING ON HIGHWAY, STOPPING ON SHOULDER OF HIGHWAY, STOPPING TO RENDER AID, SUDDEN EMERGENCY, (defendant's negligence); (contributory negligence). SUDDEN EMERGENCY EXCEPTION TO NEGLIGENCE PER SE, SUMMARIZING THE EVIDENCE, TAILLIGHTS. See LIGHTS. TAXES NOT TO BE CONSIDERED BY JURY, TELEVISION VIEWERS IN VEHICLES, TESTIMONY, DEPOSITION, TEXTING WHILE DRIVING, THIRD PARTY TORT FEASOR NEGLIGENCE, TIRES--SAFETY REQUIREMENTS, TOWED VEHICLES. Anti-snaking equipment required,

13 Page 13 of 13 Attachment, Brakes required, TRAFFIC CIRCLE--RIGHT-OF-WAY, TRAFFIC LIGHTS. See RIGHT-OF-WAY. TURNING. Signals required, Turning at intersection controlled by buttons, markers or other direction signs, Turning left at intersection, Turning right, UNANIMOUS VERDICT, USE OF VEHICLE--LOSS AS DAMAGES. See DAMAGES. VERDICT--MUST BE UNANIMOUS, VIDEOTAPE, WEIGHT OF THE EVIDENCE. Greater weight of--definition, Jury to determine, WILLFUL OR WANTON CONDUCT ISSUE, Defense of contributory willful or wanton conduct, General, Used to defeat contributory negligence, WINDSHIELD AND WINDOW REQUIREMENTS, , WITNESS. Credibility, See IMPEACHMENT OF WITNESS. WRONGFUL DEATH DAMAGES, Punitive damages, X-RAYS, YIELD SIGNS. See RIGHT-OF-WAY.

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