DE · jury_instructions
Del. P.J.I. Civ. § 5.6
Apportionment of Liability Among Joint Tortfeasors
JOINT TORTFEASORS
If two or more [defendants / parties] are negligent, and their negligence
combines to cause an injury, you must determine their relative degrees of fault.
Using 100% as the total amount of the [defendants’ / parties’] negligence, you must
decide the percentage of each defendant’s negligence [as well as any comparative
negligence of the plaintiff], if any. I will give you a special verdict form for this
purpose. Your answers in this form will enable me to calculate damages for each
party.
{If applicable}:
The fact that the plaintiff has settled with one of the defendants should have no
bearing on your verdict. The Court will take the settlement into account when
entering judgment based on your verdict.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
8923abfa945b07b6275f430f918e3c0ecc6393f6f698f796d378e127a05e26fd
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