OUJI-CIV No. 9.35

WHITE VERDICT FORM, COMPARATIVE, COUNTERCLAIM — DIRECTIONS

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

[Plaintiff] and [Defendant] you shall use the White Verdict Form and you must determine

the percentages of their negligence. You will note that this White Verdict Form requires

that you fill in some percentage of negligence for the Plaintiff and Defendant. These

percentages must total one hundred percent (100%).

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

than the percentage of negligence that you insert as that of [Defendant], then you shall

proceed, as the verdict form directs, to fill in the t otal amount of damages which you find

were sustained by [Plaintiff]. If on the other hand, 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], the n [Plaintiff] is not entitled to recover any damages on

[his/her] petition and you should in that event disregard the blank space provided for

Plaintiff's damages and proceed, as the verdict form directs, to fill in that blank space

provided for the Defendant's damages.

If you insert a figure of fifty percent (50%) as Plaintiff's negligence and fifty

percent (50%) as Defendant's negligence, then each party is entitled to recover from the

other. You should in that event, as the verdict form directs, proceed to fill in the blank

space provided for both the Plaintiff's and Defendant's damages.

OUJI 3d (Rev. 2009) Chapter 9

As the verdict form advises in determining the damages figure for either

[Plaintiff] or [Defendant] you should completely disregard the percentages of negligence

which you have attached to the respective parties. When you have filled in a damages

figure or figures, you should sign and return the verdict as explained later in these

instructions.

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

amount you insert as the damages sustained by [Plaintiff] on [his/her] petition or by

[Defendant] on [his/her] counterclaim will be reduced by the Court by that percentage of

negligence which you have attributed to the party to whom you are awarding damages.