CJI-Civ. 14:33A

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

answers 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 of) (all of) these (number) questions 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 (number) questions, is

“yes,” then you shall answer the following questions:

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.)

4. Do you find that the designated nonparty, (name of first designated nonparty), was

(negligent) (or) (at fault) in causing plaintiff’s (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 4, but in separately numbered questions, any additional

forms of comparative fault.)

5. Do you find that the designated nonparty, (name of second designated nonparty),

was (negligent) (or) (at fault) in causing plaintiff’s (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 5, but in separately numbered questions, any additional

forms of comparative fault.)

If your answer to all of these questions numbered (insert specific numbers of questions

relating to the comparative fault of the plaintiff and the designated nonparty or nonparties, 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.

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 you have found that plaintiff is entitled to recover.

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 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 any one or more of questions numbered (insert

specific numbers of questions relating to the comparative fault of the plaintiff and the designated

nonparty or nonparties) is “yes,” you shall answer the following questions, and then your

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

8. 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), if any, of:

a. the plaintiff; and

b. all of the defendants from whom the plaintiff is entitled to recover; and

c. (the designated nonparty) (all of the designated nonparties that you have found to

be [negligent] [or] [at fault]).

9. 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; and

b. each of the defendants from whom the plaintiff is entitled to recover; and

c. (the designated nonparty) (each of the designated nonparties that you have found

to be [negligent] [or] [at fault]).

You must enter the figure of zero, “0,” for any party or designated nonparty you

have found was not (negligent) (or) (at fault).