37.09 [1991 New] Comparative Fault-Form of Verdict-Combined Injury and Derivative Claims

Instruction No 1 37.09 [1991 New] Comparative Fault--Form of Verdict--Combined Injury and Derivative Claims VERDICT Note: Complete the following paragraph by filling in the blanks as required by your verdict. If you assess a percentage of fault to any of those listed below, write in a percentage not greater than 100%; otherwise write in "zero" next to that name. If you assess a percentage of fault to any of those listed below, the total of such percentages must be 100%. We, the undersigned jurors, assess percentages of fault as follows: Defendant Plaintiff TOTAL (state the name) (state the name) % (zero OR 100%) % (zero to 100%) % (zero to 100%) Note: Complete the following paragraphs if you assessed a percentage of fault to [any] defendant. On the claim of plaintiff (state name of plaintiff with primary claim ) for personal injury, we, the undersigned jurors, find the total amount of plaintiff (state name of plaintiff with primary claim ) damages, disregarding any fault on the part of plaintiff (state name of plaintiff with primary claim ), to be $ (stating the amount ). Note: Complete the following paragraph by writing in the word(s) required by your verdict. On the claim of plaintiff (state name of plaintiff with derivative claim ) for damages due to injury to [his] [her] [husband] [wife] [child], we, the undersigned jurors, sustain find that plaintiff (state name of plaintiff with derivative claim ) damage as a direct result of injury ("did" or "did not") to [his] [her] [husband] [wife] [child]. Note: Complete the following paragraph only if the above finding is that plaintiff (state name of plaintiff with derivative claim ) "did" sustain such damage. We, the undersigned jurors, find the total amount of plaintiff (state name of plaintiff with derivative claim ) damages due to injury to [his] [her] [husband] [wife] [child], disregarding any fault on the part of plaintiff (state name of plaintiff with primary claim ), to be $ (stating the amount ). Note: The judge will compute the recovery of each plaintiff under the law and the percentages of fault you assess. All jurors who agree to the above findings must sign below.