B31.08.01. Damages-Wrongful Death-Contributory Fault of Sole Beneficiary

B31.08.01 Damages--Wrongful Death--Contributory Fault of Sole Beneficiary If you find that [beneficiary and/or decedent] contributed to cause the death of the decedent, then you must 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.] [If you find that the contributory [fault] [negligence] of beneficiary was more than 50% of the total proximate cause of the death of the decedent, then your verdict should be for the defendant[s]. If you find that the [fault] [negligence] of beneficiary 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 plaintiff's damages in the manner stated in these instructions.]