MS · jury_instructions
Proposed Mississippi Plain Language Model Jury Instructions - Civil 5012
Damages - Comparative Negligence of Plaintiff and More than One Defendant
We answer the questions submitted to us as follows:
Section A - [Name of plaintiff]’s Claim Against [Name of defendant 1]
1. Was [name of defendant 1] negligent?
YES _______ NO _______
If your answer to question 1 is YES, then answer question 2. If you answered NO, stop
here and go to Section B.
2. Did [name of plaintiff] suffer damages as a result of [name of defendant 1]’s negligence?
YES _______ NO _______
If your answer to question 2 is YES, then answer question 3. If you answered NO, stop
here and go to Section B.
3. Was [name of defendant 1]’s negligence a substantial factor in causing [name of plaintiff]’s
damages?
YES _______ NO _______
Go to Section B.
Section B - [Name of plaintiff]’s Claim Against [Name of defendant 2]
4. Was [name of defendant 2] negligent?
YES _______ NO _______
If your answer to question 4 is YES, then answer question 5. If you answered NO, go to
Section C.
5. Did [name of plaintiff] suffer damages as a result of [name of defendant 2]’s negligence?
YES _______ NO _______
If your answer to question 5 is YES, then answer question 6. If you answered NO, go to
Section C.
6. Was [name of defendant 2]’s negligence a substantial factor in causing [name of plaintiff]’s
damages?
YES _______ NO _______
Go to Section C.
Section C - [Name of defendant]’s Claim that [Name of plaintiff] Was Also Negligent
7. Was [name of plaintiff] negligent?
YES _______ NO _______
If your answer to question 7 is YES, then answer question 8. If you answered NO, go to
Section D.
8. Did [name of plaintiff] suffer damages as a result of [name of plaintiff]’s negligence?
YES _______ NO _______
If your answer to question 8 is YES, then answer question 9. If you answered NO, go to
Section D.
9. Was [name of plaintiff]’s negligence a substantial factor in causing [name of plaintiff]’s
damages?
YES _______ NO _______
Go to Section D.
Section D
10. If your answers to questions 1-3 are YES, then give a percentage of fault to
[Name of defendant 1]: [Name of defendant 1] __________%
If you answered NO to any question 1, 2, or 3, then write 0 in the blank.
If your answers to questions 4-6 are YES, then give a percentage of fault to
[Name of defendant 2]: [Name of defendant 2] __________%
If you answered NO to any question 4, 5, or 6, then write 0 in the blank.
If your answers to questions 7-9 are YES, then give a percentage of fault to
[Name of plaintiff]: [Name of plaintiff] __________%
TOTAL 100 %
8. What are [name of plaintiff]’s total damages? TOTAL $__________
History
Proposed Mississippi Plain Language Model Jury Instructions - Civil 5012 (current as of February 17, 2012). Submitted in 2012 by the Mississippi Model Jury Instructions Commission (created by the Supreme Court of Mississippi by order of December 30, 2008) and published by the Court on courts.ms.gov. The Court states that these model jury instructions have not been adopted or approved by the Supreme Court of Mississippi.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
f42dc3624497b261381fd09142046f51b9d87ee973d760db89d30b01965211bf
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