B21.02.01. Burden of Proof on the Issues-Negligence-One Plaintiff and Two or More Defendants

B21.02.01 Burden of Proof on the Issues--Negligence--One Plaintiff and Two or More Defendants The plaintiff has the burden of proving each of the following propositions as to each defendant: First, that the defendant acted or failed to act in one of the ways claimed by the plaintiff as stated to you in these instructions and that in so acting, or failing to act, the defendant was negligent; Second, that [the plaintiff was injured] [and] [the plaintiff's property was damaged]; Third, that the negligence of the defendant was a proximate cause of [the injury to the plaintiff] [and] [the damage to the plaintiff's property]. You are to consider these propositions as to each defendant separately. If you find from your consideration of all the evidence that any of these propositions has not been proved as to [any one] [or more] [or all] of the defendant[s], then your verdict should be for [that] [those] defendant[s]. On the other hand, if you find from your consideration of all the evidence that all of these propositions have been proved as to [any one] [or more] [or all] of the defendant[s], then you must consider [that] [those] defendant['s][s'] claim[s] that the plaintiff was contributorily negligent. As to [that] [those] claim[s], [that] [those] defendant[s] [has] [have] the burden of proving each of the following propositions: A: That the plaintiff acted or failed to act in one of the ways claimed by the defendant[s] as stated to you in these instructions and that in so acting, or failing to act, the plaintiff was negligent; B: That plaintiff's negligence was a proximate cause of [his injury] [and] [the damage to his property]. If you find from your consideration of all the evidence that plaintiff has proved all the propositions required of the plaintiff and that [the] [those] defendant[s] [has] [have] not proved both of the propositions required of the defendant[s], then your verdict shall be for the plaintiff as to [that] [those] defendant[s] and you shall not reduce plaintiff's damages. If you find from your consideration of all the evidence that [the] [those] defendant[s] [has] [have] proved both of the propositions required of [the] [those] defendant[s], and if you find that the plaintiff's contributory negligence was greater than 50% of the total proximate cause of the injury or damage for which recovery is sought, then your verdict shall be for [that] [those] defendant[s]. If you find from your consideration of all the evidence that the plaintiff has proved all the propositions required of the plaintiff and that [the] [those] defendant[s] [has] [have] proved both of the propositions required of [the] [those] defendant[s], and if you find that the plaintiff's contributory negligence was 50% or less of the total proximate cause of the injury or damage for which recovery is sought, then your verdict should be for the plaintiff as to [that] [those] defendant[s] and you will reduce the plaintiff's damages in the manner stated to you in these instructions.