CJI-Civ. 9:27C

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

answers to each question for which an answer is required:

1. Did the plaintiff, (name), have (injuries) (damages) (losses)?

2. Was the defendant, (name of first defendant), negligent?

3. Was the negligence, if any, of the defendant, (name of first defendant), a cause of

any of the (injuries) (damages) (losses) claimed by the plaintiff?

4. Was the defendant, (name of second defendant), negligent?

5. Was the negligence, if any, of the defendant, (name of second defendant), a cause of

any of the (injuries) (damages) (losses) claimed by the plaintiff?

If you find that the plaintiff, (name), did not have (injuries) (damages) (losses), or if

you find that none of the defendants was negligent or that no defendant’s negligence was a

cause of any of the plaintiff’s claimed (injuries) (damages) (losses), then your foreperson

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

On the other hand, if you find that the plaintiff did have (injuries) (damages)

(losses) and you further find that one or more of the defendants was negligent and that

such negligence was a cause of any of the plaintiff’s (injuries) (damages) (losses), then on

Special Verdict Form B you shall answer questions 1 through 5 as well as the following

questions, and your foreperson shall complete only Special Verdict Form B, and all jurors

shall sign it.

6. Was the plaintiff, (name), negligent?

7. Was the negligence, if any, of the plaintiff a cause of (insert applicable pronoun)

own claimed (injuries) (damages) (losses)?

8. Taking as 100 percent the combined negligence of all parties you find were

negligent and whose negligence was a cause of any of the plaintiff’s (injuries) (damages)

(losses), what percentage of negligence, if any, was that of the defendant, (name of first

defendant), of the defendant, (name of second defendant), and of the plaintiff, (name)?

You must enter the figure of zero, “0,” for any party you decide was not negligent or

whose negligence you decide was not a cause of any of the plaintiff’s (injuries) (damages)

(losses).

If you determine that the negligence of the plaintiff was equal to or greater than the

combined negligence of the defendants, i.e., 50% or more, then skip question 9.

9. State your answers to the following questions relating to the plaintiff’s damages

that were caused by the negligence of one or more of the defendants, whether the damages

were also caused by the negligence, if any, of the plaintiff (or anyone else).

a. What is the total amount of plaintiff’s damages, if any, for noneconomic losses or

injuries (, excluding any damages for [physical impairment] [or] [disfigurement])?

Noneconomic losses or injuries are those losses or injuries described in numbered

paragraph 1 of Instruction (insert number of the applicable Instruction on damages).

You should answer “0” if you determine there were none.

b. What is the total amount of plaintiff’s damages, if any, for economic losses (,

excluding any damages for [physical impairment] [or] [disfigurement])? Economic

losses are those losses described in numbered paragraph 2 of Instruction (insert

number of applicable Instruction on damages). You should answer “0” if you

determine there were none.

(c. What is the total amount of plaintiff’s damages, if any, for [physical impairment]

[or] [disfigurement]? You should answer “0” if you determine there were none.)