Del. P.J.I. Civ. § 22.19

SETTLING CO-DEFENDANT

When this case began, [plaintiff’s name] alleged in the complaint that the joint

negligence of [non-settling-defendant’s name] and [settling-defendant’s name]

was the proximate cause of [plaintiff’s name]’s injuries. [Before / during] this trial,

[settling-defendant’s name] reached a settlement with [plaintiff’s name] on all of

[plaintiff’s name]’s claims against [him/her]. Your deliberations, however, must

determine whether [non-settling-defendant’s name], [settling-defendant’s name],

or both of them were negligent and whether that negligence was the proximate cause

of the injuries to [plaintiff’s name].

[Non-settling-defendant’s name] has asserted a cross-claim against [settling-defendant’s name], asserting that [his/her] negligence was the proximate cause of

the injuries to [plaintiff’s name]. You must determine whether either or both of

[defendants’ names] were negligent, and whether that negligence proximately

caused [plaintiff’s name]’s injuries. If you find that either one or both of the

defendants were liable of negligence and that the negligence was a proximate cause

of the injuries to [plaintiff’s name], you must then determine the amount of damages

you should award to [plaintiff’s name] to compensate [him/her] fairly and

reasonably for [his/her] injuries.

{If there was a monetary settlement, add the following}:

In computing these damages, do not be concerned with the fact that a settlement

was made with [plaintiff’s name] or speculate why a settlement was reached. You

also must not speculate about what [plaintiff’s name] may have or should have

received in that settlement. If you find from the evidence that both [defendants’

names] were guilty of negligence proximately causing [plaintiff’s name]’s injuries,

then you should award damages to compensate [plaintiff’s name] for [his/her] fair

and reasonable damages in full. In addition, you should apportion your verdict to

attribute a percentage of negligence to each defendant in a percentage range from

zero to 100. You will be provided with a verdict form to guide you in this process.