3800. Comparative Fault Between and Among Tortfeasors

3800. Comparative Fault Between and Among Tortfeasors Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 [Name of indemnitee] claims that [he/she] [is/was] required to pay [describe liability, e.g., "a court judgment in favor of [name of plaintiff]"] and that [name of indemnitor] must reimburse [name of indemnitee] based on [name of indemnitor]'s share of responsibility. In order for [name of indemnitee] to recover from [name of indemnitor], [name of indemnitee] must prove the both of following: 1. 2. That [name of indemnitor] [was negligent/[describe underlying tort]]; and That [name of indemnitor]'s [negligence/[describe tortious conduct]] contributed as a substantial factor in causing [name of plaintiff]'s harm. [[Name of indemnitor] claims that [name of indemnitee] [and] [insert identification of others] contributed as [a] substantial factor[s] in causing [name of plaintiff]'s harm. To succeed, [name of indemnitor] must prove both of the following: 1. 2. That [name of indemnitee] [and] [insert identification of others] [[was/were] negligent/[other basis of responsibility]]; and That [name of indemnitee] [and] [insert identification of others] contributed as [a] substantial factor[s] in causing [name of plaintiff]'s harm. You will be asked to determine the percentages of responsibility of [name of indemnitor][,/ and] [[name of indemnitee][, and] all other persons responsible] for [name of plaintiff]'s harm.] ________________________________________________________________________________ New September 2003