B31.08.02 Damages-Wrongful Death-Contributory Fault-Sole Beneficiary

B31.08.02 Damages--Wrongful Death--Contributory Fault--Sole Beneficiary If you find that the beneficiary contributed to cause the death of the decedent, then you must determine the percentage of contributory [fault] [negligence] of the beneficiary. The contributory [fault] [negligence] of the beneficiary affects his/her right to recover damages. If you find that the contributory [fault] [negligence] of the beneficiary was more than 50% of the total proximate cause of the death of the decedent, then your verdict should be for the defendant[s]. If you find that the contributory [fault] [negligence] of the beneficiary was 50% or less of the total proximate cause of the death of the decedent, then your verdict should be for the plaintiff and the beneficiary's damages shall be reduced in that proportion and the Court shall make the adjustments required by law with respect to the recovery of the beneficiary.