Wis JI-Civil 1383

In this case, (plaintiff) claims (defendant)'s employee, (employee’s name), engaged

in conduct that injured (him) (her). (Plaintiff) further claims that (defendant) was negligent

in the (hiring) (training) (supervision) of (defendant's employee).

Question 1 asks you to determine whether the (defendant's employee) [was

negligent (describe the alleged act or failure to act)] [describe the alleged intentional tort,

e.g., committed a battery] [describe the alleged wrongful act that violates public policy].

[Insert here an appropriate instruction covering the wrongful act, whether it be a

(1) negligent tort, (2) an intentional tort, or (3) a violation of public policy as evidenced by

existing statutory law.]

Question 2 asks whether the (conduct) (negligence) of (defendant's employee) was

a cause of the (accident) (injury to the (plaintiff)). If you are required to answer this

question, you must consider whether there was a causal connection between the (conduct)

(negligence) of (defendant's employee) and the (accident) (injury to the (plaintiff)). [The

question does not inquire about "the cause" but rather "a cause." The reason for this is that

there may be more than one cause of an (accident) (injury). The negligence of one person

may cause an (accident) (injury to the (plaintiff)) or the combined negligence of two or

more persons may cause it.] Before you find that the (accident) (injury) was caused by

(defendant's employee)'s (conduct) (negligence), you must find that this (conduct)

(negligence) was a substantial factor in producing the (accident) (injury to (plaintiff)).

Question 3 asks whether (defendant) was negligent in (hiring) (training)

(supervising) (employee). An employer is required to use ordinary care in (hiring)

(training) (supervising) its employees. Ordinary care is the care which a reasonable person

would use in similar circumstances. An employer is not using ordinary care and is

negligent, if the employer, without intending to do harm, does something (or fails to do

something) with respect to the (hiring) (training) (supervision) of an employee that a

reasonable person would recognize as creating an unreasonable risk of injury or damage to

a person or property from the employees conduct.

Question 4 asks whether the negligence of (defendant) was a cause of the (conduct)

(negligence) of (defendant’s employee). If you are required to answer this question, you

must consider whether there was a causal connection between (defendant)'s negligence and

the (conduct) (negligence) of (employee) which in turn was a cause of the (accident) (injury

to (plaintiff)). [The question does not inquire about "the cause" but rather "a cause." The

reason for this is that there may be more than one cause of the employee's (negligence)

(conduct). The negligence of one person may cause the employee's (negligence) (conduct)

or the combined negligence of two or more persons may cause it.] Before you find that

(defendant)'s negligence was a cause of (employee)'s (conduct) (negligence), you must find

that the negligence was a substantial factor in producing the (accident) (injury to

(plaintiff)).

SPECIAL VERDICT

1. [Committee Note to Trial Judge: This question requires the jury to

determine whether the alleged wrongful act was committed by the

employer’s employee. The question will be adapted to whether the alleged

wrongful conduct is a negligent tort, an intentional tort, or a violation of

public policy evidenced by existing statutory law. If the evidence raises a

jury question regarding the employee's negligence, the question might be:

Was (defendant)'s employee negligent on (date)? If the alleged wrongful act

is an intentional tort, the question might be: Did (defendant’s employee)

commit a battery on (date)? If the court has had to make a legal determination

of the public policy behind a statute, the question might be: Did (defendant's

employee) (fail to) (describe the act or omission which if proved would

violate public policy)?]

Answer:__________________

Yes or No

2. If you have answered question 1 "yes," then answer this question.

Otherwise do not answer it. Was the (conduct) (negligence) of (defendant’s

employee) a cause of injury to (plaintiff)?

Answer:__________________

Yes or No

3. If you have answered question 2 "yes," then answer this question.

Otherwise do not answer it. Was (defendant) negligent in the (hiring)

(training) (supervision) of (employee)?

Answer:__________________

Yes or No

4. If you have answered question 3 "yes," then answer this question.

Otherwise do not answer it. Was such negligence of (defendant) a cause of

the (conduct) (negligence) of (defendant’s employee) on (date)?

Answer:__________________

Yes or No

5. [If the evidence indicates the contributory negligence of plaintiff was a

cause of injury, then insert negligence and cause questions as to the plaintiff.]

6. [Negligence comparison question for all parties found causally negligent.]

7. What sum of money will fairly and reasonably compensate (plaintiff) for

the injuries sustained as a natural and probable consequence of the incident

on (date) with respect to:

a. Past pain, suffering, and disability $_______________

b. Other subparts as required by the evidence $_______________