32.05 [1991 Revision] Comparative Fault-Guest Passenger-Riding With Intoxicated Driver

Instruction No 1 32.05 [1991 Revision] Comparative Fault--Guest Passenger--Riding With Intoxicated Driver In your verdict, you must assess a percentage of fault to plaintiff [, whether or not defendant was partly at fault,] if you believe: First, at the time plaintiff [entered] [remained in] defendant's automobile, the defendant was intoxicated to the extent that defendant's driving ability was impaired, and Second, plaintiff [entered] [remained in] defendant's automobile knowing that defendant was in such an intoxicated condition, and Third, plaintiff was thereby negligent, and Fourth, such negligence and the impaired driving ability of defendant directly caused or directly contributed to cause any damage plaintiff may have sustained.