160.13. FELA-Diminishing Damages Because of Contributory Negligence

160.13 FELA--Diminishing Damages Because of Contributory Negligence If you find that the [plaintiff's injury] [decedent's death] was caused by a combination of negligence of [one or more of] the railroad defendant[s] and contributory negligence of the [plaintiff] [decedent], you must determine the amount of damages to be awarded by you on Verdict Form [___] as follows: First: Determine the total amount of damages to which the [plaintiff] [decedent] would be entitled under the court's instructions if the plaintiff had not been contributorily negligent. Second: Assume that 100% represents the total combined negligence of all persons whose negligence contributed in whole or in part to the [plaintiff's] [decedent's] [injury] [or] [death], including the plaintiff[,] [and] the defendant[s you found liable][, and all other persons]. Determine the percentage of such negligence attributable solely to [the plaintiff] [the decedent]. Third: Reduce the total amount of the plaintiff's damages by the proportion or percentage of negligence attributable solely to the plaintiff. The resulting amount, after making such reduction, will be the amount of your verdict.