31.08.01B. Damages-Wrongful Death-Contributory Fault-More Than One Beneficiary

31.08.01B Damages--Wrongful Death--Contributory Fault--More Than One Beneficiary If you find that [any] beneficiary contributed to the total proximate cause of the death of the decedent you shall determine the percentage of contributory [fault] [negligence] of [that] beneficiary. The contributory [fault] [negligence] of a beneficiary affects his/her right to recover damages. If you find that the contributory [fault] [negligence] of [any] beneficiary was more than 50% of the total proximate cause of the death of the decedent, then [that] 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] [negligence] of [any] 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 [that] beneficiary.