• 2002 - Comparative Fault
  • C-2.82
    • Damages
    • Fault
    • Tort Liability
    • Tort Liability

  • You will return a special verdict in which you will make special findings of fact determining:

     

    1) who was at fault, if anyone;

     

    2) whether such fault was a proximate cause of damages;

     

    3) the respective percentages of fault allocated to the Defendant[s], the Plaintiff, or anyone else who contributed to proximately cause any damages;

     

    4) the amount of Plaintiff’s [or Defendant’s[s’]] damages without reduction for fault.

     

    [Any damages awarded will be reduced by any percentage of fault allocated to the Plaintiff. However, if you allocate 50% or more of fault to the Plaintiff, the Plaintiff will not recover any damages.]

     

    The court will reduce the damages by any percentage of fault allocated to the Plaintiff. You are not to reduce any damage amounts.

     

    This instruction is not meant to suggest that you should find anyone at fault. It is to explain the relationship between the allocation of fault and damages.

    • 32-03.2-02
    • Sollin v. Wangler, 2001 ND 96
  • Notes: The bracketed language is derived from Sollin v. Wangler which requires the Jury to be informed of the legal consequences its special verdict answers will have on damages, if properly requested and the Court determines the instruction will not confuse or mislead the Jury. NDCC 32-03.2-02 states that the Plaintiff’s fault does not bar a recovery of damages for death or injury to person or property unless the fault was as great as the combined fault of all other persons who contribute to the injury, but any damages allowed must be reduced in proportion to the Plaintiff’s fault.