403.19 Burden of Proof on Defense Issues

403.19 Burden of Proof on Defense Issues If the greater weight of the evidence does not support [name of defendant]'s defense[s] and the greater weight of the evidence supports [name of claimant]'s [claim] [one or more of [name of claimant]'s claims], then [your verdict should be for [name of claimant] in the total amount of [his] [her] damages.] *[you should decide and write on the verdict form what percentage of the total [negligence] [fault] [responsibility] of [both] [all] defendants was caused by each defendant.] *Use the second bracketed language when there is more than one defendant. If, however, the greater weight of the evidence shows that both [name of claimant] and [[name of defendant]] [one or more of the defendants] [and] [[identify additional person[s] or entit[y][ies]]] were [negligent] [at fault] [responsible] and that the [negligence] [fault] [responsibility] of each contributed as a legal cause of [loss] [injury] [or] [damage] sustained by [name of claimant], you should decide and write on the verdict form what percentage of the total [negligence] [fault] [responsibility] 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 both [name of claimant] and [[name of defendant]] [one or more of [names of defendants]] [and] [[identify additional person[s] or entit[y][ies]]] were [negligent] [at fault] [responsible] and that the [negligence] [fault] [responsibility] of each contributed as a legal cause of [loss] [injury] [or] [damage] sustained by [name of claimant], you should decide and write on the verdict form what percentage of the total [negligence] [fault] [responsibility] 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 paragraph in cases without a comparative negligence defense but with an apportionment of non-party defense: [If, however, the greater weight of the evidence shows that [[name of defendant]] [one or more of [names of defendants]] [and] [[identify additional person[s] or entit[y][ies]]] were [negligent] [at fault] [responsible] and that the [negligence] [fault] [responsibility] of each contributed as a legal cause of [loss] [injury] [or] [damage] sustained by [name of claimant], you should decide and write on the verdict form what percentage of the total [negligence] [fault] [responsibility] of [name of defendant][s] [and] [[identify additional person[s] or entit[y][ies]]] was caused by each of them.]