Wis JI-Civil 1700

The verdict contains the following damage questions, numbered through.

[Read question(s).]

[Note: Select the following paragraphs which are appropriate.]

[I have answered question(s) __________ because the parties have agreed on the

amount(s) to be inserted. You should not conclude from the fact I have answered (this)

(these) question(s) as to the amount of damages that any party has admitted fault or that any

party may be responsible for the amount(s) inserted. Finally, you should not assume that

because I have answered (this) (these) question(s), that a party already has or necessarily will

recover (this) (these) amount(s). Parties, may, as here, agree on an amount of damages

without admitting they are responsible for the damages.]

[You must answer the damage question(s) no matter how you answered any of the

previous questions in the verdict. The amount of damages, if any, found by you should in no

way be influenced or affected by any of your previous answers to questions in the verdict.]

[In answering the damage question(s), completely disregard any percentages which

you may have inserted as your answers to the subdivisions of question _____, the

comparative negligence question.]

[In answering the damage questions, be careful not to include or duplicate in any

answer amounts included in another answer made by you or me.]

[Your answer(s) to the damage question(s) should not be affected by sympathy or

resentment (or by the fact that one (or more) of the parties from whom damages are sought

(is an insurance corporation) (are insurance corporations)); nor should you make any

deductions because of a doubt in your minds as to the liability of any party to this action.]

[Note: Do not use this paragraph if Wis JI-Civil 202 is used: In considering the

amount to be inserted by you in answer to each damage question, the burden of proof rests

upon each person claiming damages to satisfy you by the greater weight of the credible

evidence, to a reasonable certainty, that the person sustained damages with respect to the

element or elements mentioned in the question and the amount of the damages. The greater

weight of the credible evidence means that the evidence in favor of an answer has more

convincing power than the evidence opposed to it. Credible evidence means evidence you

believe in light of reason and common sense. "Reasonable certainty" means that you are

persuaded based upon a rational consideration of the evidence. Absolute certainty is not

required, but a guess is not enough to meet the burden of proof. The amount inserted by you

should reasonably compensate the person for the damages from the accident.]

[Determining damages for (pain and suffering) (insert other type of damages) cannot

always be made exactly or with mathematical precision; you should award as damages

amounts which will fairly compensate (named party) for (his) (her) injuries.]

[The amount you insert in answer to each damage question is for you to determine

from the evidence. What the attorneys ask for in their arguments is not a measure of

damages. The opinion or conclusions of counsel as to what damages should be awarded

should not influence you unless it is sustained by the evidence. Examine the evidence –

carefully and dispassionately – and determine your answers from the evidence in the case.]