OUJI-CIV No. 9.33

WHITE VERDICT FORM, COMPARATIVE, TWO DEFENDANTS — DIRECTIONS

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

both of [names of the Defendants], then you shall use the White Verdict Form and you

must determine the percentage of each party's negligence.

This White Verdict Form requires that you fill in some percentage of negligence

for [Plaintiff], if you find that [Plaintiff] was contributorily negligent, and then requires

that you fill in some percentage of negligence for either or both Defendants, if you find

that either or both of them were negligent. These figures must total one hundred percent

(100%), and may range from 0% to 100%.

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

than the combined total of the figures you insert as the percentage of negligence of

[names of the Defendants], 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 combined total of the figures you insert as the

percentages of negligence of either or both of the Defendants, 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 the parties.

You are instructed that if you use the White Verdict Form, whatever dollar

amount you insert as the damages sustained by [Plaintiff] will be reduced by the Court

by that percentage of negligence which you have attached to [him/her] and that the

amount of damages for which each of the Defendants will be liable will be limited to that

percentage of negligence which you have attached to each of them.