412.8 Issues on Claim and Burden of Proof | Pdf Doc Docx | Florida_JI

 Florida Jury Instructions   Civil   412 Substantive Instructions - Contribution Among Tortfeasors 
412.8 Issues on Claim and Burden of Proof | Pdf Doc Docx | Florida_JI

Last updated: 4/8/2013

412.8 Issues on Claim and Burden of Proof

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Description

412.8 Issues on Claim and Burden of Proof The issues for you to decide on (claimant)'s claim are whether (defendant or person for whose negligence defendant is responsible) was negligent in (describe negligence) and, if so, whether such negligence was a legal cause of injury and damage to (name). If the greater weight of the evidence does not support the claim of (claimant) [against a particular defendant], your verdict should be for [that] defendant. [However, if the greater weight of the evidence supports the claim of (claimant) you should also determine whether the amount of money paid by (claimant) to (name) was reasonable under all the circumstances shown by the evidence. If the greater weight of the evidence shows that the amount of money paid by (claimant) to (name) in settlement did not exceed a reasonable amount under all the circumstances, you should so find by your verdict. However, if the amount of money paid by (claimant) to (name) exceeded a reasonable amount, you should determine the amount which would have been reasonable under all the circumstances for (claimant) to pay (name) in settlement. The court will then determine the amount that (claimant) will recover from (defendant).] [You should also determine by your verdict what percentage of the total negligence of [both] [all] parties to this action (name them) was caused by each. The court will then determine the amount of (claimant)'s recovery.]

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