37.01 [1986 New] Comparative Fault-Verdict Directing Modification

Instruction No 1 37.01 [1986 New] Comparative Fault--Verdict Directing Modification In a verdict directing instruction directing an assessment of fault in a comparative fault case, the initial phrase of plaintiff's verdict director should be modified as follows: In your verdict you must assess a percentage of fault to defendant [whether or not plaintiff was partly at fault] if you believe: For verdict directing modification in such an action involving multiple defendants, use the following initial phrase for plaintiff's verdict directors: In your verdict you must assess a percentage of fault to defendant (state the name ) [whether or not plaintiff was partly at fault] if you believe: The remaining paragraphs of the verdict directing instruction would be derived from a verdict directing instruction where comparative fault is not submitted. Thus, if verdict directing instruction 17.01 were to be modified for a comparative fault case, it would read as follows: In your verdict you must assess a percentage of fault to defendant [whether or not plaintiff was partly at fault] if you believe: First, defendant violated the traffic signal, and Second, defendant was thereby negligent, and Third, such negligence directly caused or directly contributed to cause damage to plaintiff. * [unless you believe you must not assess a percentage of fault to defendant by reason of Instruction Number (here insert number of complete affirmative defense instruction ) ].