Fla. Std. Jury Instr. (Civ.) 412.2

INJURED PARTY’S ORIGINAL ACTION

This instruction follows the conventional instructions on plaintiff’s claim.

There is an additional claim that you must also decide. (Third party claimant) seeks to recover from (third party defendant) part of any money which (third party claimant) may be called on by a judgment in this action to pay to (claimant). If you find for (defendant and third party claimant) on (claimant’s) claim, you need not consider this additional claim by (third party claimant) against (third party defendant). But, if you find for (claimant) on [his] [her] [its] claim for damages against (defendant and third party claimant), you must also decide the following additional issues on the claim by (third party claimant) against (third party defendant).

The issues on that claim are whether (third party defendant) as well as (defendant and third party claimant) were negligent and, if so, whether such negligence contributed as a legal cause of injury and damage to (claimant). If the greater weight of the evidence does not support the claim of (third party claimant) against (third party defendant), your verdict on that claim will be for (third party defendant). However, if the greater weight of the evidence does support the claim of (third party claimant) against (third party defendant), your verdict on that claim should be for (third party claimant) and you should determine by your verdict what percentage of the total negligence of [both] [all] defendants (name them) was caused by each. The court will then determine the amount that (third party claimant) should recover from (third party defendant) in the event (third party claimant) is required to pay a judgment in favor of (claimant).