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7.02 [1983 Revision] Damages-Disputed Partial Settlement
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Instruction No 1 7.02 [1983 Revision] Damages--Disputed Partial Settlement The following addendum must be added to the appropriate damage instruction (MAI 4.015.01) when there is a disputed issue as to whether there has been a settlement payment, as to whether a certain payment was attributable to a settlement or if the amount of the settlement payment is disputed: In determining the amount of plaintiff's damages you are not to consider any evidence of prior payment made [to] [on behalf of] plaintiff. The judge will consider any such payment and adjust your award as required by law. If you believe (state the name) previously paid plaintiff some amount on plaintiff's claim, then you must find the amount which you believe (state the name) paid on plaintiff's claim.
