B31.08. Damages-Wrongful Death-More Than One Beneficiary

B31.08 Damages--Wrongful Death--Contributory Negligence--More Than One Beneficiary If you find that beneficiary and/or decedent contributed to the total proximate cause of the death of the decedent you shall determine the percentage of contributory fault of [beneficiary and/or decedent]. [If you find that the contributory [fault] [negligence] of the decedent was more than 50% of the total proximate cause of the death of the decedent, then you shall enter a verdict in favor of the defendant[s]. If you find that the contributory fault of the decedent was 50% or less of the total proximate cause of the death of the decedent, then your verdict should be for the plaintiff and you will reduce damages in the manner stated in the instructions.] [The contributory fault of a beneficiary affects his/her right to recover damages.] If you find that the contributory fault of beneficiary was more than 50% of the total proximate cause of the death of the decedent, then beneficiary shall not recover damages from this suit. However, you are not to consider this fact in arriving at the total amount of damages, if any, in this case. If you find that the contributory fault of [beneficiary] was 50% or less of the total proximate cause of the death of the decedent, his/her damages shall be reduced in that proportion and the Court shall make the adjustments required by law with respect to the recovery of beneficiary.