CJI-Civ. 14:31A

You are instructed to answer the following questions. You must all agree on your

answer to each question.

1. Do you find that the plaintiff, (name), is entitled to recover damages from the

defendant, (name of first defendant), on (insert applicable pronoun) claim of (insert

appropriate description, e.g., “negligence,” “breach of the warranty of. . . ,” etc.) under

Instruction No. (insert the number assigned in the case to the instruction that sets forth the

basic elements of liability for the claim, as in Instructions 14:1, 14:8, 14:10, 14:13, 14:17,

14:20, or 14:22)?

(Insert additional separately numbered similar paragraphs so as to include all product

liability claims being made against the first defendant.)

2. Do you find that the plaintiff is entitled to recover damages from the defendant,

(name of second defendant), on (insert applicable pronoun) claim of (insert appropriate

description, e.g., “negligence,” “breach of the warranty of. . . ,” etc.), under Instruction No.

(insert the number assigned in the case to the instruction that sets forth the basic elements of

liability for the claim, as in Instructions 14:1, 14:8, 14:10, 14:13, 14:17, 14:20, or 14:22)?

(Insert additional separately numbered similar paragraphs so as to include all product

liability claims being made against the second defendant.)

If your answer to (both) (all) of these questions numbered (insert numbers) is “no,”

then your foreperson shall complete only Special Verdict Form A and all jurors must sign

it.

On the other hand, if your answer to any one or more of these questions numbered

(insert numbers), is “yes,” then you shall answer the following question(s):

3. Do you find that the plaintiff was (negligent) (or) (at fault) in causing (insert

applicable pronoun) own (injuries) (damages) (losses) as set forth in Instruction No. (insert

the number assigned in the case to the instruction that sets forth the basic elements of any form

of comparative fault, e.g., as in Instruction 14:28 or 14:29)?

(Insert, as above in question 3, but in separately numbered questions, any additional

forms of comparative fault.)

If your answer to (question No.) ([all] [both] of these questions numbered) (insert

specific numbers of questions relating to the comparative fault of plaintiff, e.g., 3, 4, etc.) is

“no,” you shall answer the following two questions, and then your foreperson shall

complete only Special Verdict Form B and all jurors must sign it.

4. State the total amount of plaintiff’s (injuries) (damages) (losses) under Instruction

No. (insert the number assigned in the case to the instruction that sets forth recoverable

damages) that were caused by the combined (negligence) (or) (fault) of all of the defendants

from whom you have found that plaintiff is entitled to recover.

5. Taking as 100 percent the combined (negligence) (or) (fault) that caused the

plaintiff’s (injuries) (damages) (losses), what percentage was caused by the (negligence) (or)

(fault), if any, of:

a. the defendant, (name of first defendant); and

b. the defendant, (name of second defendant).

You must enter the figure of zero, “0,” for any defendant you have found was not

(negligent) (or) (at fault).

On the other hand, if your answer to (question No.) (any one or more of questions

numbered) (insert specific numbers of questions relating to the comparative fault of the

plaintiff) is “yes,” you shall answer the following two questions, and then your foreperson

shall complete only Special Verdict Form C and all jurors must sign it.

6. State the total amount of plaintiff’s (injuries) (damages) (losses) under Instruction

No. (insert the number assigned in the case to the instruction that sets forth recoverable

damages) that were caused by the combined (negligence) (or) (fault) of all of the defendants

from whom the plaintiff is entitled to recover and by the (negligence) (or) (fault) of the

plaintiff.

7. Taking as 100 percent the combined (negligence) (or) (fault) that caused the

plaintiff’s (injuries) (damages) (losses), what percentage was caused by the (negligence) (or)

(fault), if any, of:

a. the plaintiff, (name); and

b. the defendant, (name of first defendant); and

c. the defendant, (name of second defendant).

You must enter the figure of zero, “0,” for any defendant you have found was not

(negligent) (or) (at fault).