VA · jury_instructions
Va. Model Jury Instr. Civ. No. 6.055
Contributory Negligence: Availability of Defense (Willful and Wanton)
If you find from the greater weight of the evidence that the defendant engaged in willful and
wanton conduct that proximately contributed to the accident, and if you further find from the
greater weight of the evidence that the plaintiff engaged in conduct that proximately contributed
to that same accident, but that such conduct was only [negligent; grossly negligent], then defendant
cannot rely upon contributory negligence as a defense to plaintiff’s claim.
However, if you find from the greater weight of the evidence that the defendant engaged in
willful and wanton conduct that proximately contributed to the accident, and you further find that
the plaintiff engaged in willful and wanton conduct that proximately contributed to that same
accident, then plaintiff’s conduct bars his recovery.
History
Virginia Model Jury Instructions – Civil, Release 26, April 2026. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- civ-2026-04-01
- Content hash
66372645dfb3468788d79416797df79ac701e8700e228f046f355cf2eefbda62
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