Last updated: 4/8/2013
412.9 Defense Issue
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Description
412.9 Defense Issue If, however, the greater weight of the evidence supports (claimant)'s claim, then you shall consider the defense raised by (claimant). The issue for you to decide on that defense is whether (claimant) intentionally, willfully, wantonly or with reckless indifference to the rights of others caused or contributed to causing the injury of (name). If the greater weight of the evidence supports that defense, then your verdict should be for (defendant). If, however, the greater weight of the evidence does not support that defense and does support (claimant)'s claim, your verdict should be for (claimant) and you should determine by your verdict what percentage of the total negligence of (name the parties other than the injured plaintiff) was caused by each.