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WI · jury_instructions

Wis JI-Civil 1740

Damages: Common Scheme or Plan; Concerted Action (Wis. Stat. § 895.045(2))

activein force · 2009-01-01 – presentas-observed

Question _____ asks whether the defendants engaged in concerted action?

Parties engage in concerted action when they pursue a common scheme or plan to

accomplish a result that injures the plaintiff. Parties engaged in concerted action do not have

to intend that plaintiff be injured.

Parties engage in concerted action if you determine that the following three elements

existed:

1. there was an explicit or tacit agreement to act in accordance with a mutually

agreed upon scheme or plan. The agreement need not be expressed in words,

but it may be implied and understood to exist from the conduct itself; and

2. mutual acts were committed in furtherance of the common scheme or plan that

were negligent or intentional; and

3. the acts undertaken to accomplish the common scheme or plan were the acts

that resulted in damages.

SPECIAL VERDICT

If you have answered Question and Question "yes" as to

(defendant), then answer Question.

Did (defendants) engage in concerted action (describe alleged action)?

Answer:____________

Yes or No

History

Wis JI-Civil 1740 (2009). ©2009, 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
8b527daf0c19a5158051da7479f3f9958ef6e35a1b8e9d858bb45932fd11d99b
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