WI · jury_instructions
Wis JI-Civil 1592
Comparative Negligence: Guest Passively Negligent; Claims Against and Among Drivers; Apportionment of Comparative Negligence from Two Questions
You are to answer question 1 (negligence of drivers which caused the accident) if you
have found one or more drivers causally negligent. If by your previous answers you are
required to answer this question, you will answer the subdivisions of this question, assigning
to each driver such percentage, or part of 100%, which you find is attributable to that driver
in causing the accident and the extent to which the conduct of one made a larger, equal, or
smaller contribution than the other. You will fix the percentage attributable to each driver in
proportion to the fault that each driver contributed to cause the accident.
You are to answer question 2 (negligence which caused (plaintiff)'s injuries) if you
find at least one driver as well as (plaintiff) negligent in causing (plaintiff)'s injuries. You
will assign to the drivers taken as a group such percentage, or part of 100%, which you find
is attributable to them in causing the injuries sustained by (plaintiff) and assign to (plaintiff)
the percentage, or part of 100%, which is attributable to (plaintiff) in causing (his) (her) own
injuries.
The burden of proof on these subdivisions is on the one who asserts the percentage of
causal negligence attributable to the other, and that party must satisfy you by the greater
weight of the credible evidence, to a reasonable certainty, what your answer should be.
History
Wis JI-Civil 1592 (2003). ©2003, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
6176dc9025b27062cb3cb739c38074475396cedd2052881a06d796ac7fe0dde9
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