DE · jury_instructions
Del. P.J.I. Civ. § 5.11
Plaintiff’s Contributory Negligence Not a Defense to Intentional, Reckless, Willful or Wanton Conduct
PLAINTIFF’S NEGLIGENCE NOT A DEFENSE
WHERE INTENTIONAL, RECKLESS, WILLFUL OR WANTON
CONDUCT FOUND
If you find that [defendant’s name] acted in a [intentional, reckless, willful
or wanton] manner, and that this conduct was a proximate cause of the accident and
injuries in this case, then even if you find that:
(1) [plaintiff’s name] was negligent;
(2) this negligence was also a proximate cause of the accident; and
(3) [plaintiff’s name]’s relative degree of fault was a greater percentage
than [defendant’s name]’s, [plaintiff’s name]’s negligence does not affect whether
[plaintiff’s name] can recover damages.
I will furnish you with a special verdict form for you to indicate your finding
on whether [defendant’s name] acted in this manner.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
073f79f020d0c5fb0396ce81a925c56c95703a759bfc3a7342ad52240bf58985
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