37.06 [1986 New] Comparative Fault-Complete Affirmative Defenses

Instruction No 1 37.06 [1986 New] Comparative Fault--Complete Affirmative Defenses Although fault is eliminated as a total, recovery-defeating defense by the doctrine of comparative fault, some other recovery-defeating affirmative defenses remain, e.g., a full release. When such an affirmative defense is submitted in a claim in which comparative fault must be apportioned, the initial phrase of the affirmative defense instruction should be modified as follows: In your verdict you must not assess a percentage of fault to defendant if you believe: The remaining paragraphs of the affirmative defense instruction would be derived from an affirmative defense instruction where comparative fault is not submitted. Thus, if affirmative defense instruction MAI 32.21 were to be modified for use in a comparative fault case, it would read as follows: In your verdict you must not assess a percentage of fault to defendant if you believe: First, plaintiff signed and delivered the release to defendant, and Second, plaintiff was paid $ for such release. * [unless you find for plaintiff under Instruction Number (here insert number of plaintiff's instruction which hypothesizes that the release is not effective, such as MAI 32.22 ) ].