CJI-Civ. 9:28C

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 or only defendant), negligent?

3. Was the negligence, if any, of the defendant, (name of first or only 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 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 (the defendant was not) (none of the defendants was) negligent or that no

negligence (of the defendant) (of any of the defendants) was a cause of any of the plaintiff’s

claimed (injuries) (damages) (losses), then your foreperson shall complete only Special

Verdict Form A and he or she and all jurors will sign it.

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

(losses) and you further find that (the defendant) (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 the following questions, and your

foreperson shall complete only Special Verdict Form B, and all jurors shall sign it.

6. Was (name or other appropriate description of first or only designated nonparty)

negligent?

7. Was the negligence, if any, of (name or other appropriate description of first or only

designated nonparty) a cause of any of the (injuries) (damages) (losses) claimed by the

plaintiff?

8. Was (name or other appropriate description of second designated nonparty)

negligent?

9. Was the negligence, if any, of (name or other appropriate description of second

designated nonparty) a cause of any of the (injuries) (damages) (losses) claimed by the

plaintiff?

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

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

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

12. Taking as 100 percent the combined negligence of all parties and (any nonparty)

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 or only defendant), (of the defendant, [name of second defendant]), of the (nonparty)

(nonparties), (name or names or other appropriate description), and of the plaintiff, (name)?

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

negligent or whose negligence you decide was not a cause of any of the plaintiff’s claimed

(injuries) (damages) (losses).

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

combined negligence of the (defendant) (defendants) and the (nonparty) (nonparties), i.e.,

50% or more, then skip question 13.

13. State your answers to the questions as they appear on Special Verdict Form B

relating to the plaintiff’s damages that were caused by the negligence, if any, of the parties

to this lawsuit and the negligence, if any, of the (nonparty) (nonparties), (name or names or

other appropriate description).