OUJI-CIV No. 9.32

WHITE VERDICT FORM, COMPARATIVE, ONE DEFENDANT — DIRECTIONS

If you find that the occurrence was directly caused by the negligence of

[Defendant] and the contributory negligence of [Plaintiff], then you shall use the White

Verdict Form, and you must determine the percentages of their negligence.

You will note that the White Verdict Form first requires that you fill in some

percentage of negligence for both the Plaintiff and the Defendant. These percentages

must total one hundred percent (100%).

If the figure you fill in as the percentage of negligence of [Plaintiff] is greater than

the figure that you insert as the percentage of negligence of [Defendant], then [Plaintiff]

is not entitled to recover any damages. In this event, you need not fill in the space

provided for the amount of Plaintiff's damages, and you should sign and return the verdict

as explained later in these instructions.

OUJI 3d (Rev. 2009) Chapter 9

If, on the other hand, the figure you fill in as the percentage of negligence of

[Plaintiff] is equal to or smaller than the one you insert as the percentage of neglige nce of

[Defendant], then you shall proceed, as the verdict form directs, to fill in the total amount

of damages which you find were sustained by [Plaintiff]. As the verdict form advises, in

determining this damages figure, you should completely disregard the respective

percentages of negligence which you have fixed for [Plaintiff] and [Defendant]. When

you have filled in this damages figure, you should then properly sign and return the

verdict.

You are instructed, in this latter event, that whatever dolla r amount you insert as

the damages sustained by [Plaintiff] will be reduced by the Court by that percentage of

negligence which you have attributed to [Plaintiff].