B11.06.01. Contributory Negligence Claimed-Parents-Child 7 or Over-Parents Cause of Action Assigned to Child

B11.06.01 Contributory Negligence Claimed--Parents, Child Seven or Over, Parent's Cause of Action Assigned to Child This lawsuit involves two distinct but related claims. The first is brought by the child who seeks damages for his injuries. The second claim originally belonged to the child's [father] [mother] but it has been assigned to the child for recovery by the child in this lawsuit. This second claim, called the parent's claim, is also brought by the child and seeks compensation for money spent or amounts for which the [father] [mother] has become liable for reasonably necessary [expenses] [and for loss of earnings of the child during his minority]. Child's Claim As to the child's claim for damages, if you should find that the child was contributorily negligent and if the contributory negligence of the child was 50% or less of the total proximate cause of the injury or damage for which recovery is sought, then the damages to which the child would otherwise be entitled must be reduced in proportion to the amount of negligence attributable to the child. If you should find that the contributory negligence of the child was more than 50% of the total proximate cause of the injury or damage for which recovery is sought, then the defendant shall be found not liable on both claims. [The [father's] [mother's] negligence, if any, does not affect the amount, if any, to which the child is entitled on his own claim.] Parent's Claim As to the [father's] [mother's] claim, the [father's] [mother's] damages must [first] [also] be reduced by the percentage of contributory negligence of the child if any. [If you find that the [father] [mother] was negligent and that the [father's] [mother's] negligence was 50% or less of the total proximate cause of the injury or damage for which recovery is sought, then the [father's] [mother's] negligence proportionately further reduces the damages to which the [father] [mother] would have been entitled. If you find that the [father] [mother] was negligent and that the [father's] [mother's] negligence was more than 50% of the total proximate cause of the injury or damage for which recovery is sought, then the defendant shall be found not liable on the [father's] [mother's] claim.]