37.05(2) [1986 New] Comparative Fault-Vicarious Liability-Agency Not Disputed

Instruction No 1 37.05(2) [1986 New] Comparative Fault--Vicarious Liability--Agency Not Disputed Where the master or principal is sued with the servant or agent, and there is no issue of agency, a single verdict directing instruction may be directed against both the master and servant. An example follows: In your verdict you must assess a percentage of fault to defendants Ajax and Jones, whether or not plaintiff was partly at fault, if you believe: First, defendant Jones violated the traffic signal, and Second, defendant Jones was thereby negligent, and Third, such negligence directly caused or directly contributed to cause damage to plaintiff. In assessing any such percentage of fault against Ajax and Jones, you must consider them both as one party and assess only the fault of Jones as the fault of both. In preparing the verdict form for apportionment in such a case where the master's liability is submitted only on his servant's conduct, and agency is not in dispute, insert the names of both master and servant on the same line in accordance with the direction to the jury to assess only the fault of the servant as the fault of both.