OUJI-CIV No. 9.36

WHITE VERDICT FORM, COMPARATIVE, NON–PARTY — DIRECTIONS

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

[Defendant] and [name of the non-party], then you shall use the White Verdict Form

and you must determine the percentage of each person's negligence.

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

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

requires that you fill in some percentage of negligence for either or both the Defendant

and the non-party. These figures must total one hundred percent (100%), and may range

from 0% to 100%.

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

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

[Defendant] and [name of the non-party], then [Plaintiff] is not entitled to recover any

damages. In this event, you need not fill in the space provided for the amount of

OUJI 3d (Rev. 2009) Chapter 9

Plaintiff's damages, and you should sign and return the verdict as explained later in these

instructions.

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 [Defendant] and [name of the non-party],

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 Plaintiff, the Defendant, and the non-party.

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 the sum of the percentages of negligence which you have attached to [Plaintiff] and

[name of the non-party].

(2014 Supp.)

OUJI 3d (Rev. 2009) Chapter 9