IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
|MARY ANN LONGSTRETH,|
No. C 97-4100-MWB
PRELIMINARY AND FINAL INSTRUCTIONS TO THE JURY
|TOM COPPLE and MCI TELECOMMUNICATIONS CORPORATION, a Delaware Corporation,|
TABLE OF CONTENTS
NO. 1 - PRELIMINARY INSTRUCTIONS
NO. 2 - STATEMENT OF THE CASE
NO. 3 - BURDEN OF PROOF
NO. 4 - DUTY OF JURORS
NO. 5 - ORDER OF TRIAL
NO. 6 - DEFINITION OF EVIDENCE
NO. 7 - CREDIBILITY OF WITNESSES
NO. 8 - STIPULATED FACTS
NO. 9 - DEPOSITIONS
NO. 10 - INTERROGATORIES
NO. 11 - OBJECTIONS
NO. 12 - BENCH CONFERENCES
NO. 13 - NOTE-TAKING
NO. 14 - JUROR CONDUCT
NO. 1 - INTRODUCTION
NO. 2 - IMPEACHMENT OF WITNESSES
NO. 3 - PLAINTIFF'S CLAIMS
NO. 4 - FAILURE TO NOTIFY CLAIM
NO. 5 - WRONGFUL TERMINATION
NO. 6 - DEFENDANTS' BUSINESS JUDGMENT
NO. 7 - DAMAGES--IN GENERAL
NO. 8 - DAMAGES--ACTUAL
NO. 9 - DELIBERATIONS
PRELIMINARY INSTRUCTION NO. 1 - PRELIMINARY INSTRUCTIONS
Members of the jury, before the lawyers make their opening statements, I give you these preliminary instructions to help you better understand the trial and your role in it. Consider these instructions, together with any oral instructions given to you during the trial and the written final instructions given at the end of the trial, and apply them as a whole to the facts of the case. In considering these instructions, the order in which they are given is not important.
PRELIMINARY INSTRUCTION NO. 2 - STATEMENT OF THE CASE
The following brief summary of the case is not to be considered evidence or proof of any facts or events in the case. It simply informs you of the factual disputes between the parties.
This is a civil case brought by plaintiff Mary Ann Longstreth against defendants MCI Telecommunications Corporation, her former employer, and Tom Copple, Senior Manager of Human Resources. Ms. Longstreth contends that MCI failed to provide her with adequate notice of her rights and responsibilities pursuant to the Family and Medical Leave Act and that she was not reinstated to her position of Residential Sales Supervisor. Ms. Longstreth also contends that MCI and/or Tom Copple either terminated her because she exercised her rights under the Family and Medical Leave Act or used her taking of Family and Medical Leave Act qualifying leave as a negative factor in the decision to terminate her as part of a company-wide lay off.
Defendants contend that Ms. Longstreth took more leave than provided for under the Family and Medical Leave Act and deny that their failure to reinstate Ms. Longstreth had any connection with her leave of absence. Defendants contend that Ms. Longstreth was given all the leave the law requires and that her inability to work at the end of the twelve (12) weeks made her ineligible for reinstatement. Defendants further contend that they did not terminate Ms. Longstreth's employment and that instead they eliminated her position because of a company-wide restructuring. Defendants contend that they offered Ms. Longstreth an alternative position, which she refused.
Ms. Longstreth claims that she is entitled to damages in the amount of the wages and benefits she would have earned if reinstated, up to the time of trial. Defendants contend that Ms. Longstreth is not entitled to damages because they did not violate the law in their treatment of her. Defendants further contend that, by failing to accept Defendants' offer of continued employment in another position, Ms. Longstreth has failed to mitigate her damages and is not entitled to any recovery. Ms. Longstreth contends however, that although unsuccessful, she has attempted to mitigate her damages by actively seeking employment in the Sioux City area.
You will be asked to resolve these disputes between the parties.
PRELIMINARY INSTRUCTION NO. 3 - BURDEN OF PROOF
In these instructions, you are told that your verdict depends on whether you find certain facts have been proved. The burden of proving a fact is upon the party whose claim or defense depends upon that fact. In this case, facts must be proved by the "greater weight of the evidence." To prove something by the greater weight of the evidence is to prove that it is more likely true than not true. It is determined by considering all of the evidence and deciding which evidence is more believable. If, on any issue in the case, the evidence is equally balanced, you cannot find that issue has been proved.
The "greater weight" of the evidence is not necessarily determined by the greater number of witnesses or exhibits a party has presented. The testimony of a single witness that produces in your mind a belief in the likelihood of truth is sufficient for proof of any fact and would justify a verdict in accordance with such testimony. This is so, even though a number of witnesses may have testified to the contrary, if after consideration of all of the evidence in the case, you hold a greater belief in the accuracy and reliability of that one witness.
You may have heard of the term "proof beyond a reasonable doubt." That is a stricter standard which applies in criminal cases. It does not apply in civil cases such as this. You should, therefore, put it out of your minds.
PRELIMINARY INSTRUCTION NO. 4 - DUTY OF JURORS
It will be your duty to decide from the evidence what the facts are. You, and you alone, are the judges of the facts. You will hear the evidence, decide what the facts are and then apply those facts to the law which I will give you in these preliminary instructions, any instructions given during the trial, and in the final instructions at the conclusion of the case. You will then deliberate and reach your verdict. You are the sole judges of the facts; but you must follow the law as stated in my instructions, whether you agree with it or not.
You have been chosen and sworn as jurors in this case to try the issues of fact presented by the parties. Do not allow sympathy or prejudice to influence you. The law demands of you a just verdict, unaffected by anything except the evidence, your common sense, and the law as I will give it to you.
This case should be considered and decided by you as an action between persons of equal standing in the community, of equal worth, and holding the same or similar stations in life. An individual, such as Mary Ann Longstreth, and a corporation, such as MCI Telecommunications, stand equal before the law, and are entitled to the same fair consideration by you. The mere fact that a party is a corporation, not an individual, does not mean that it is entitled to any greater or lesser consideration by you.
When a corporation is involved, of course, it may act only through natural persons as its agents or employees; and, in general, any agent or employee of a corporation may bind the corporation by the acts and declarations made while acting within the scope of the authority delegated to the employee by the corporation, or within the scope of the employee's or agent's duties as an employee or agent of the corporation.
You should not take anything I may say or do during the trial as indicating what I think of the evidence or what I think your verdict should be.
PRELIMINARY INSTRUCTION NO. 5 - ORDER OF TRIAL
The trial will proceed in the following order:
After I conclude these preliminary instructions, the plaintiff's lawyer may make an opening statement. Next, the defendants' lawyer may make an opening statement. An opening statement is not evidence, but is simply a summary of what the lawyers expect the evidence to be.
The plaintiff will then present evidence and witnesses and the defendants may cross-examine. Following the plaintiff's case, the defendants may present evidence and witnesses and the plaintiff may cross-examine. Following the defendants' case, the plaintiff may take a further opportunity to present additional evidence.
After the evidence is concluded, I will give you the final instructions on the law that you are to apply in reaching your verdict. The lawyers will then make their closing arguments to summarize and interpret the evidence for you. As with opening statements, closing arguments are not evidence. I will then give you some final instructions on deliberations, and you will retire to deliberate on your verdict.
PRELIMINARY INSTRUCTION NO. 6 - DEFINITION OF EVIDENCE
You shall base your verdict only upon the evidence, these instructions, and other instructions that I may give you during the trial.
1. Testimony in person or testimony previously given, which includes depositions.
2. Exhibits admitted into evidence by the court.
3. Stipulations, which are agreements between the parties.
4. Any other matter admitted into evidence.
Evidence may be direct or circumstantial. You should not be concerned with these terms since the law makes no distinction between the weight to be given to direct and circumstantial evidence. The weight to be given any evidence is for you to decide.
The following are not evidence:
1. Statements, arguments, questions, and comments by the lawyers.
2. Objections and rulings on objections.
3. Testimony I tell you to disregard.
4. Anything you saw or heard about this case outside the courtroom.
You should not take anything I may say or do during the trial as indicating what I think of the evidence.
PRELIMINARY INSTRUCTION NO. 7 - CREDIBILITY OF WITNESSES
In deciding what the facts are, you may have to decide what testimony you believe and what testimony you do not believe. You may believe all of what a witness says, or only part of it, or none of it.
In deciding what testimony to believe, consider the witnesses' intelligence, their opportunity to have seen or heard the things they testify about, their memories, the motives they may have for testifying a certain way, their manner while testifying, whether they said something different at an earlier time, the general reasonableness of their testimony, and the extent to which their testimony is consistent with other evidence that you believe.
In deciding whether or not to believe a witness, keep in mind that people sometimes hear or see things differently and sometimes forget things. You need to consider therefore whether a contradiction is an innocent misrecollection or lapse of memory or an intentional falsehood, and that may depend on whether it has to do with an important fact or only a small detail.
PRELIMINARY INSTRUCTION NO. 8 - STIPULATED FACTS
The plaintiff and defendants have agreed or "stipulated" to certain facts and have reduced these facts to a written agreement or stipulation. Any counsel may, throughout the trial, read to you all or a portion of the stipulated facts. You should treat these stipulated facts as having been proved.
PRELIMINARY INSTRUCTION NO. 9 - DEPOSITIONS
During this trial, you may hear the word "deposition." A deposition is testimony taken from a witness under oath before the trial and preserved in writing.
PRELIMINARY INSTRUCTION NO. 10 - INTERROGATORIES
During this trial, you may hear the word "interrogatory." An interrogatory is a written question asked by one party of another, who must answer it under oath in writing. Consider interrogatories and the answers to them as if the questions had been asked and answered here in court.
PRELIMINARY INSTRUCTION NO. 11 - OBJECTIONS
From time to time during the trial I may be called upon to make rulings of law on objections or motions made by the lawyers. It is the duty of the lawyer for each party to object when another party offers testimony or other evidence that the lawyer believes is not properly admissible. You should not show prejudice against a lawyer or the party the lawyer represents because the lawyer has made objections. You should not infer or conclude from any ruling or other comment I may make that I have any opinions on the merits of the case favoring one side or the other. Also, if I sustain an objection to a question that goes unanswered by the witness, you should not draw any inferences or conclusions from the question itself.
PRELIMINARY INSTRUCTION NO. 12 - BENCH CONFERENCES
During the trial it may be necessary for me to talk with the lawyers out of your hearing, either by having a bench conference here while you are present in the courtroom, or by calling a recess. Please understand that while you are waiting, we are working. The purpose of these conferences is to decide how certain evidence is to be treated under the rules of evidence, and to avoid confusion and error. We will, of course, do what we can to keep the number and length of these conferences to a minimum.
PRELIMINARY INSTRUCTION NO. 13 - NOTE-TAKING
If you want to take notes during the trial, you may. However, it is difficult to take detailed notes and pay attention to what the witnesses are saying. If you do take notes, be sure that your note-taking does not interfere with listening to and considering all of the evidence. Also, if you take notes, do not discuss them with anyone before you begin your deliberations. Do not take your notes with you at the end of the day. Be sure to leave them on your chair in the courtroom. The court attendant will safeguard the notes. No one will read them. The notes will remain confidential throughout the trial and will be destroyed at the conclusion of the trial.
If you choose not to take notes, remember it is your own individual responsibility to listen carefully to the evidence. You cannot give this responsibility to someone who is taking notes. We depend on the judgment of all members of the jury; you must all remember and consider the evidence in this case.
Whether or not you take notes, you should rely on your own memory regarding what was said. Your notes are not evidence. A juror's notes are not more reliable than the memory of another juror who chooses to consider the evidence carefully without taking notes. You should not be overly influenced by the notes.
You will notice that we do have an official court reporter making a record of the trial. However, we will not have typewritten transcripts of this record available for your use in reaching your verdict.
PRELIMINARY INSTRUCTION NO. 14 - JUROR CONDUCT
You will not be required to remain together while court is in recess. However, to ensure fairness, you, as jurors, must obey the following rules:
First, do not talk among yourselves about this case, or about anyone involved with it, until the end of the case when you go to the jury room to decide on your verdict.
Second, do not talk with anyone else about this case, or about anyone involved with it, until the trial has ended and you have been discharged as jurors.
Third, when you are outside the courtroom, do not let anyone tell you anything about the case, or about anyone involved with it until the trial has ended and your verdict has been accepted by me. If someone should try to talk to you about the case during the trial, please report it to me.
Fourth, during the trial you should not talk with or speak to any of the parties, lawyers or witnesses involved in this case--you should not even pass the time of day with any of them. It is important not only that you do justice in this case, but that you also give the appearance of doing justice. If a person from one side of the lawsuit sees you talking to a person from the other side--even if it is simply to pass the time of day--an unwarranted and unnecessary suspicion about your fairness might be aroused. If any lawyer, party, or witness does not speak to you when you pass in the hall, ride the elevator, or the like, remember it is because they are not supposed to talk or visit with you either.
Fifth, do not read any news stories or articles about the case, or about anyone involved with it, or listen to any radio or television reports about the case or about anyone involved with it.
Sixth, do not do any research or make any investigation about the case on your own.
Seventh, do not make up your mind during the trial about what the verdict should be. Keep an open mind until after you have gone to the jury room to decide the case and you and your fellow jurors have discussed the evidence.
DATED this 6th day of December, 1999.
FINAL INSTRUCTION NO. 1 - INTRODUCTION
Members of the jury, the instructions I gave you at the beginning of the trial and any oral or written instructions I gave you during the trial remain in effect. I now give you some additional instructions.
You must, of course, continue to follow the instructions I gave you earlier, as well as those I give you now. You must not single out some instructions and ignore others, because all are important. The instructions I am about to give you now, as well as the preliminary instructions given to you at the beginning of the trial, are in writing and will be available to you in the jury room. I emphasize, however, that the final instructions are not more important than the preliminary instructions, nor are written instructions more important than oral ones. Again, all instructions, whenever given and whether in writing or not, must be followed. This is true even though some of the instructions I gave you at the beginning of the trial are not repeated here.
In considering these instructions, the order in which they are given is not important.
Neither in these instructions nor in any ruling, action, or remark that I have made during the course of this trial have I intended to give any opinion or suggestion as to what your verdict should be.
FINAL INSTRUCTION NO. 2 - IMPEACHMENT OF WITNESSES
In Preliminary Instruction No. 7, I instructed you on the credibility of witnesses. I now give you this further instruction on how the credibility of a witness can be "impeached."
A witness may be discredited or "impeached" by contradictory evidence, or by evidence that at some time the witness has said or done something, or has failed to say or do something, that is inconsistent with the witness's present testimony. If you believe any witness has been impeached and thus discredited, it is your exclusive province to give the testimony of that witness such credibility, if any, as you may think it deserves.
FINAL INSTRUCTION NO. 3 - PLAINTIFF'S CLAIMS
Mary Ann Longstreth asserts that MCI failed to provide her with adequate notice of her rights and responsibilities pursuant to the Family and Medical Leave Act and that she was not reinstated to her position of Residential Sales Supervisor. Ms. Longstreth also asserts that MCI and/or Tom Copple either terminated her because she exercised her rights under the FMLA or considered her use of FMLA leave as a negative factor in the decision to terminate her as part of a company-wide lay off. The defendants deny these allegations. Ms. Longstreth asserts that she is entitled to damages in the amount of the wages and benefits she would have earned if reinstated, up to the time of trial. She also asserts that although unsuccessful, she has attempted to seek employment in the Sioux City area.
I will explain the elements of Ms. Longstreth's claims in more detail in the instructions that follow.
Also, you should understand that the mere fact that a lawsuit was filed does not mean that some party was in the wrong.
FINAL INSTRUCTION NO. 4 - FAILURE TO NOTIFY CLAIM
Ms. Longstreth claims that MCI failed to provide her with notice, as required of employers under the Family and Medical Leave Act (FMLA). In order to prevail on her failure to notify claim, Ms. Longstreth must prove the following two elements by the greater weight of the evidence:
One, MCI failed to provide Ms. Longstreth with notice as required under the FMLA.
The FMLA requires that MCI provide Ms. Longstreth with written notice that her leave will be counted against her annual FMLA leave entitlement, and with written notice concerning her right to substitute paid leave and whether MCI required the substitution of paid leave, and the conditions related to any substitution.
Two, MCI's failure to provide written notice to Ms. Longstreth caused her to not be reinstated to her previous position at MCI following her 12 week leave of absence under the FMLA.
If Ms. Longstreth has failed to prove these two elements by the greater weight of the evidence, your verdict must be for defendants on Ms. Longstreth's failure to notify claim. However, if you find that Ms. Longstreth has proved both of these elements by the greater weight of the evidence, then you will consider whether MCI has proved the following affirmative defense by the greater weight of the evidence: That Ms. Longstreth would have been unable, because of her serious health condition, to return to her former position at the end of her 12 week leave on August 12, 1996.
If MCI has failed to prove this affirmative defense, then Ms. Longstreth is entitled to damages in some amount on her failure to notify claim. However, if MCI has proved their affirmative defense, you must find in favor of MCI on this claim.
FINAL INSTRUCTION NO. 5 - WRONGFUL TERMINATION
Ms. Longstreth also claims that MCI and/or Tom Copple either terminated her because she exercised her rights under the FMLA or used her taking of FMLA qualifying leave as a negative factor in the decision to terminate her as part of a company-wide lay off. In order to prevail on her claim of wrongful termination, Ms. Longstreth must prove the following two elements by the greater weight of the evidence:
One, MCI and/or Tom Copple discharged Ms. Longstreth.
Two, Ms. Longstreth's absence from work under the FMLA was a motivating factor in defendants' decision to discharge Ms. Longstreth.
MCI and/or Tom Copple's motive is relevant to the issue of whether they discharged Ms. Longstreth because of a prohibited reason or for a legitimate non-discriminatory reason. There may be more than one factor in the defendants' decision to take actions Ms. Longstreth alleges were wrongful, and Ms. Longstreth is not required to show that her taking leave under the FMLA was the defendants sole or primary motivation for its decision. The term "motivating factor" means a consideration that moved the defendants toward its decision or a factor that played a part in that decision.
If Ms. Longstreth has failed to prove both of the above elements by the greater weight of the evidence, your verdict must be for defendants on Ms. Longstreth's claim for wrongful termination. However, if you find that Ms. Longstreth has proved both of these elements by the greater weight of the evidence, then you will consider whether MCI and/or Tom Copple have proved by the greater weight of the evidence that Ms. Longstreth's employment would have been terminated as a result of a reduction in force.
FINAL INSTRUCTION NO. 6 - DEFENDANTS' BUSINESS JUDGMENT
An employer is entitled to make its own subjective personnel decisions and can discharge an employee for any reason that is not discriminatory. You may not return a verdict for plaintiff just because you might disagree with defendants' decision or believe it to be harsh or unreasonable. The defendants have the right to make business decisions--to assign work, to change an employee's duties, to refuse to assign a particular job, to down-size the work force, and to discharge--for good reason, bad reason, or no reason at all, so long as a motivating factor for Ms. Longstreth's discharge was not due to her taking leave under the FMLA.
FINAL INSTRUCTION NO. 7 - DAMAGES--IN GENERAL
The fact that I am instructing you on the proper measure of damages should not be considered as an indication that I have any view as to which party is entitled to your verdict in this case. Instructions as to the measure of damages are given only for your guidance. In the event that you should find that Ms. Longstreth is entitled to damages in accord with the other instructions, you must award her such sum as you find by the greater weight of the evidence will fairly and justly compensate her for any damages you find she sustained as a direct result of the wrongful conduct of MCI and/or Tom Copple.
You must award the full amount for any item of damages that Ms. Longstreth has proved, but a party cannot recover duplicate damages. In other words, do not allow amounts awarded under one item of damage to be included in any amount awarded under another item of damage on the same claim. You must award full damages for each item of damages on each claim you find Ms. Longstreth has proved by the greater weight of the evidence. Any item of damage can only be awarded if you first find that Ms. Longstreth was wrongfully terminated by MCI and/or Tom Copple, or if you find that MCI failed to provide Ms. Longstreth with the notice that an employer is required to provide an employee under the FMLA, and this failure to provide notice caused her to not be reinstated.
In arriving at an item of damage, you cannot establish a figure by taking down the estimate of each juror as to that item of damage and agreeing in advance that the average of those estimates shall be your award of damage for that item.
Remember, throughout your deliberations, you must not engage in any speculation, guess, or conjecture and you must not award damages under these Instructions by way of punishment or through sympathy. Your judgment must not be exercised arbitrarily, or out of sympathy or prejudice, for or against any of the parties. The amount you assess for any item of actual damage must not exceed the amount caused by the defendant as proved by the evidence.
Attached to these Instructions is a Verdict Form, which you must fill out upon completion of your deliberations. You should only award damages, if any, that Ms. Longstreth has proved by the greater weight of the evidence. The fact that I am instructing you on the proper measure of damages should not be considered as an indication that I have any view as to which party is entitled to your verdict in this case
FINAL INSTRUCTION NO. 8 - DAMAGES--ACTUAL
If you find in favor of Ms. Longstreth on one or more of her claims--failure to notify, as explained in Final Instruction No. 4, or wrongful termination, as explained in Final Instruction No. 5--then you must award Ms. Longstreth such sum as you find by the greater weight of the evidence will fairly and justly compensate her for any damages you find she sustained as a direct result of defendants' wrongful conduct identified in the claim or claims upon which she has prevailed.
Specifically, Ms. Longstreth seeks backpay, which is the amount of any wages, salary, and employment benefits Ms. Longstreth would have earned in her employment with MCI if she had not been discharged on September 16, 1996, through the date of your verdict, minus the amount of earnings and benefits, if any, she actually did earn during that time from other employment after she was terminated from her job with MCI.
You are also instructed that Ms. Longstreth has a duty under the law to "mitigate" her damages--that is, to exercise reasonable diligence under the circumstances to minimize her damages. Therefore, if you find that MCI and/or Tom Copple have proved by the greater weight of the evidence that Ms. Longstreth failed to seek out or take advantage of an opportunity that was reasonably available to her, then you must reduce her damages by the amount she reasonably could have avoided if she had sought out or taken advantage of such an opportunity.
FINAL INSTRUCTION NO. 9 - DELIBERATIONS
In conducting your deliberations and returning your verdict, there are certain rules you must follow.
First, when you go to the jury room, you must select one of your members as your foreperson. That person will preside over your discussions and speak for you here in court.
Second, it is your duty, as jurors, to discuss this case with one another in the jury room. You should try to reach agreement if you can do so without violence to individual judgment. Each of you must make your own conscientious decision, but only after you have considered all the evidence, discussed it fully with your fellow jurors, and listened to the views of your fellow jurors. Do not be afraid to change your opinions if the discussion persuades you that you should, but do not come to a decision simply because other jurors think it is right, or simply to reach a verdict. Remember at all times that you are not partisans. You are judges--judges of the facts. Your sole interest is to seek the truth from the evidence in the case.
Third, if you need to communicate with me during your deliberations, you may send a note to me through the Court Security Officer, signed by one or more jurors. I will respond as soon as possible either in writing or orally in open court. Remember that you should not tell anyone--including me--how your votes stand numerically.
Fourth, your verdict must be based solely on the evidence and on the law which I have given to you in my instructions. Nothing I have said or done is intended to suggest what your verdict should be--that is entirely for you to decide.
Finally, I am giving you the verdict forms. A verdict form is simply the written notice of the decision that you reach in this case. You will take this form to the jury room, and complete it when you have reached a verdict. Your decision must be unanimous. If you all agree, the verdict form must be signed by your foreperson and all members of the jury.
DATED this ___th day of December, 1999.
MARK W. BENNETT
U. S. DISTRICT COURT JUDGE
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
|MARY ANN LONGSTRETH,|
No. C 97-4100-MWB
|TOM COPPLE and MCI TELECOMMUNICATIONS CORPORATION, a Delaware Corporation,|
Question No. 1:
a: On Ms. Longstreth's claim of failure to notify, as that claim is submitted to you in Final Instruction No. 4, in whose favor do you find?
_____ Mary Ann Longstreth _____ MCI
Note: If you found in favor of MCI in answer to Question No. 1, you cannot award any damages on Ms. Longstreth's failure to notify claim in section II.
b: If you found that MCI failed to provide her with notice, as required of employers under the FMLA, has MCI proved by the greater weight of the evidence that Ms. Longstreth would have been unable, because of her serious health condition, to return to her former position at the end of her 12 week leave on August 12, 1996?
_____ Yes _____ No
Question No. 2:
a: On Ms. Longstreth's claim of wrongful termination, as that claim is submitted to you in Final Instruction No. 5, in whose favor do you find?
_____ Mary Ann Longstreth _____ MCI and/or Tom Copple.
Note: If you found in favor of MCI and/or Tom Copple in answer to Question No. 2, you cannot award any damages on Ms. Longstreth's wrongful termination claim in section II.
b: If you found in favor of Mary Ann Longstreth in response to Question No. 2.a. above, has MCI and/or Tom Copple proved by the greater weight of the evidence that Ms. Longstreth would have been terminated as a result of a reduction in force?
_____ Yes _____ No
If you answered "Yes" to both Question 1b and Question 2b, then do not answer Question No. 3. However, if you answered "No" to either Question No. 1b or Question No. 2b, then go on to Question No. 3.
Question No. 3: If you found in favor of Ms. Longstreth in answer to Question 1 concerning liability for failure to provide notice, or in answer to Question 2 concerning liability for wrongful termination, or both, what backpay do you award, as damages are submitted to you in Final Instructions Nos. 7 and 8?
_____ From September 16, 1996, to the date of this verdict, in the amount of $ _________