B45.02. Instruction on Use of Verdict Forms-Negligence Only-Single Plaintiff and Defendant-Counterclaim

B45.02 Instruction on Use of Verdict Forms--Negligence Only--Single Plaintiff and Defendant--Counterclaim When you retire to the jury room you will first select a foreperson. He or she will preside during your deliberations. Your verdicts must be unanimous. Forms of verdicts are supplied with these instructions. After you have reached your verdicts, fill in and sign the appropriate forms and return them to the court. You must return one verdict as to the [complaint] [claim of [name of plaintiff] against [name of defendant]], and one verdict as to the [counter-claim] [claim of [name of defendant] against [name of plaintiff]]. [Since there is more than one plaintiff in this action, you must return one verdict as to each plaintiff's complaint and a second verdict as to any claim of a defendant against any plaintiff.] Your verdicts must be signed by each of you. You should not write or mark upon this or any of the other instructions given to you by the court. If you find for [name of plaintiff] and against [name of defendant] on [name of plaintiff]'s complaint, and if you further find that [name of plaintiff] was not contributorily negligent, then you should use Verdict Form A. If you find for [name of plaintiff] and against [name of defendant] on [name of plaintiff]'s complaint, and if you further find that [name of plaintiff]'s injury was proximately caused by a combination of [name of defendant]'s negligence and [name of plaintiff]'s contributory negligence and that [name of plaintiff]'s contributory negligence was 50% or less of the total proximate cause of the injury or damage for which recovery is sought, then you should use Verdict Form B. If you find for [name of defendant] and against [name of plaintiff] on [name of plaintiff]'s complaint, or if you find that plaintiff's contributory negligence was more than 50% of the total proximate cause of the injury or damage for which recovery is sought, then you should use Verdict Form C. If you find for [name of counterplaintiff] and against [name of counterdefendant] on [name of counterplaintiff]'s counterclaim, and if you further find that [name of counterplaintiff] was not contributorily negligent, then you should use Verdict Form D. If you find for [name of counterplaintiff] and against [name of counterdefendant] on [name of counterplaintiff]'s counterclaim, and if you further find that [name of counterplaintiff]'s injury was proximately caused by a combination of [name of counterdefendant]'s negligence and [name of counterplaintiff]'s contributory negligence, and that [name of counterplaintiff]'s contributory negligence was 50% or less of the total proximate cause of the injury or damage for which recovery is sought, then you should use Verdict Form E. If you find for [name of counterdefendant] and against [name of counterplaintiff] on [name of counterplaintiff]'s counterclaim or if you find that [name of counterplaintiff]'s contributory negligence was more than 50% of the total proximate cause of the injury or damage for which recovery is sought, then you should use Verdict Form F.