Va. Model Jury Instr. Civ. No. 21.030

If you find that the railroad and the employee were both negligent, and that the negligence of

each combined to cause the employee’s [injury; death], then the [employee; employee’s estate;

employee’s personal representative; employee’s beneficiaries] [is; are] entitled to recover, but you

are required to diminish the damages in proportion to the amount of negligence attributable to the

employee.

To determine how much to diminish the employee’s damages, you should answer the following

questions.

(1) Without taking into consideration any possible negligence by the employee, what sum of money

do you find to be the total amount of the employee’s damages? $_____________

(2) What percentage of the employee’s damages do you find to have been caused by the

negligence of the employee? ANSWER: _____________%

(3) What percentage of the employee’s damages do you find to have been caused by the

negligence of the railroad? ANSWER: _____________% (Answer questions (2) and (3) in terms of

percentage totaling 100%)

(4) The total amount of damages $_____________ (from #1) x the percentage of railroad’s fault

_____________% (from #3) = Net Verdict _____________.