37.02 [1986 New] Comparative Fault-Required Change of Former Contributory Negligence Instruction to Submit Plaintiff's Comparative Fault

Instruction No 1 37.02 [1986 New] Comparative Fault--Required Change of Former Contributory Negligence Instruction to Submit Plaintiff's Comparative Fault In an instruction in a comparative fault case submitting fault on the part of plaintiff, the initial phrase of a defendant's instruction submitting fault on the part of plaintiff should be: In your verdict you must assess a percentage of fault to plaintiff [whether or not defendant was partly at fault] if you believe: The remaining paragraphs of defendant's instruction would be similar to the essential elements of those types of verdict directing instructions formerly used to submit contributory negligence as a complete defense. Thus, if partial fault of plaintiff is submitted to the jury based upon MAI 32.01(1), it would read as follows: In your verdict you must assess a percentage of fault to plaintiff [, whether or not defendant was partly at fault,] if you believe: First, plaintiff drove at an excessive speed, and Second, plaintiff was thereby negligent, and Third, such negligence of plaintiff directly caused or directly contributed to cause any damage plaintiff may have sustained.