401.23 Burden of Proof on Defense Issues

401.23 Burden of Proof on Defense Issues If the greater weight of the evidence does not support (defendant)'s defense[s] and the greater weight of the evidence does support (claimant)'s claim, then [your verdict should be for (claimant) in the total amount of [his] [her] damages] [you should decide and write on the verdict form what percentage of the total negligence of [both] [all] defendants was caused by each defendant*]. *Use the alternative bracketed clause indicated above with an asterisk when there is more than one defendant. If, however, the greater weight of the evidence shows that both (claimant) and [(defendant)] [one or more of (defendants)] were negligent and that the negligence of each contributed as a legal cause of [loss] [injury] [or] [damage] sustained by (claimant), you should decide and write on the verdict form what percentage of the total negligence of [both] [all] parties to this action was caused by each of them. Use the following instruction in cases with a comparative negligence defense and an apportionment of a non-party defense: If, however, the greater weight of the evidence shows that (claimant) and [(defendant)] [one or more of (defendants)] and (identify additional person(s) or entit(y)(ies)) were negligent and that the negligence of each contributed as a legal cause of [loss] [injury] [or] [damage] sustained by (claimant), you should decide and write on the verdict form what percentage of the total negligence of [both] [all] parties to this action and (identify additional person(s) or entit(y)(ies)) was caused by each of them. Use the following instruction in cases without a comparative negligence defense but with an apportionment of a non-party defense: If, however, the greater weight of the evidence shows that [(defendant)] [one or more of (defendants)] and (identify additional person(s) or entit(y)(ies)) were negligent and that the negligence of each contributed as a legal cause of [loss] [injury] [or] [damage] sustained by (claimant), you should decide and write on the verdict form what percentage of the total negligence of (defendant) and (identify additional person(s) or entit(y)(ies)) was caused by each of them.