402.15 Burden of Proof on Defense Issues

402.15 Burden of Proof on Defense Issues If the greater weight of the evidence does not support (defendant)'s defense[s] of (describe defense) and the greater weight of the evidence supports (claimant)'s claim, then [your verdict should be for (claimant) in the total amount of [his] [her] damages] [*you should determine and write on the verdict form what percentage of the total negligence of [both] [all] defendants was caused by each defendant]. If, however, the greater weight of the evidence shows that both (claimant) and [(defendant)] [one or more of (defendant)(s)] [was] [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. [**If, however, the greater weight of the evidence shows that (claimant) and [4] [one or more of (defendant)(s)] 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.] [***If, however, the greater weight of the evidence shows that [(defendant)] [one or more of (defendant)(s)] 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.] * Use this second bracketed alternative when there is more than one defendant. ** Use this instruction in cases with a comparative negligence defense and an apportionment of a nonparty defense. *** Use this paragraph in cases without a comparative negligence defense but with an apportionment of nonparty defense.