3702. Affirmative Defense Comparative Fault of Plaintiffs Agent

3702. Affirmative Defense--Comparative Fault of Plaintiff's Agent Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that the negligence of [name of plaintiff's agent] contributed to [name of plaintiff principal]'s harm. To succeed on this claim, [name of defendant] must prove all of the following: 1. 2. That [name of plaintiff's agent] was acting as [name of plaintiff principal]'s [agent/employee/[insert other relationship, e.g., "partner"]]; That [name of plaintiff's agent] was acting within the scope of [his/her] [agency/employment/[insert other relationship]] when the incident occurred; and That the negligence of [name of plaintiff's agent] was a substantial factor in causing [name of plaintiff principal]'s harm. 3. If [name of defendant] proves the above, [name of plaintiff principal]'s claim is reduced by your determination of the percentage of [name of plaintiff's agent]'s responsibility. I will calculate the actual reduction. ________________________________________________________________________________ New September 2003; Revised December 2009