37.04 [1986 New] Comparative Fault-Converse Instructions-Plaintiff or Defendant

Instruction No 1 37.04 [1986 New] Comparative Fault--Converse Instructions--Plaintiff or Defendant In a converse instruction using the "unless you believe" introduction in a comparative fault case, the initial phrase of the converse instructions should be modified as follows: In your verdict you must not assess a percentage of fault to [defendant] [plaintiff] unless you believe ... The remainder of the converse instruction would then be derived from one or more of the substantive elements of the instruction being conversed under the rules governing converse instructions under MAI 33.01. Thus, if a converse derived from MAI 33.03(1) is used in a comparative fault case, it would read as follows: In your verdict you must not assess a percentage of fault to defendant unless you believe defendant violated the traffic signal.