502.5 Comparative Negligence Non-Party Fault and Multiple Defendants

502.5 Comparative Negligence, Non-Party Fault and Multiple Defendants In determining the total amount of damages to (decedent)'s estate and [his] [her] survivors as a result of [his] [her] injury and death, you should not make any reduction because of the negligence, if any, of (decedent or survivor or any other person). The court will enter a judgment based on your verdict and, if you find that (decedent or survivor or any other person) was negligent in any degree, the court in entering judgment will reduce the total amount of damages by the percentage of negligence which you find was caused by [decedent or survivor or any other person]. [*The court will also take into account, in entering judgment against any defendant whom you find to have been negligent, the percentage of that defendant's negligence compared to the total negligence of all the parties to this action.] *Use the bracketed paragraph above only when there is more than one defendant; the reference to "responsibility" in this additional instruction is designed for use in strict liability cases. When a Fabre issue is involved: In determining the total amount of damages, you should [also] not make any reduction because of the negligence, if any, of (identify any additional person or entity who will be on verdict form). The court in entering judgment will [also] take into account your allocation of [negligence] [fault] among all persons [or entities] who you find contributed to (decedent or survivor or any other person)'s damages.