Chapter 66: Forms of Verdicts: Comparative Negligence Printable Version

Instructions
M Civ JI 66.01 Form of Verdict: Comparative Negligence
M Civ JI 66.01A Form of Verdict: Comparative Negligence (Personal Injury Action)
M Civ JI 66.02 Form of Verdict: Comparative Negligence—Property Damage (To Be Used in Cases Filed on or After March 28, 1996)
M Civ JI 66.03 Form of Verdict: Comparative Negligence—Personal Injury Action (To Be Used in Cases Filed on or After March 28, 1996)

M Civ JI 66.01  Form of Verdict: Comparative Negligence

We, the jury, make the following answers to the questions submitted by the Court:

QUESTION NO. 1:   Was the defendant negligent?

Answer:   ____(yes or no)

If your answer is “no,” do not answer any further questions.

QUESTION NO. 2:   Was the defendant’s negligence a proximate cause of the injury or damage to the plaintiff?

Answer:   ____(yes or no)

If your answer is “no,” do not answer any further questions.

QUESTION NO. 3:   What is the total amount of plaintiff’s damages?

Answer:   $________.____

QUESTION NO. 4:   Was the plaintiff negligent?

Answer:   ____(yes or no)

If your answer is “no,” do not answer any further questions.

QUESTION NO. 5:   Was the plaintiff’s negligence a proximate cause of the injury or damage to the plaintiff?

Answer:   ____(yes or no)

If your answer is “no,” do not answer any further questions.

QUESTION NO. 6:   Using 100 percent as the total combined negligence which proximately caused the injury or damage to the plaintiff, what percentage of such negligence is attributable to the plaintiff?

Answer:   ____ percent

Please note that the Court will reduce the total amount of plaintiff’s damages entered in Question No. 3 by the percentage of negligence attributable to plaintiff, if any, entered in Question No. 6. The remainder will be the amount which plaintiff is entitled to recover.

Note on Use

Where there are multiple plaintiffs or defendants, the appropriate questions should be asked separately as to each one.

A separate Special Verdict sheet should be furnished to the jury for each plaintiff and each defendant.

History

M Civ JI 66.01 was added September 1980. TOP

M Civ JI 66.01A  Form of Verdict: Comparative Negligence (Personal Injury Action)

We, the jury, answer the questions submitted as follows:

QUESTION NO. 1:   Was the defendant negligent?

Answer:   ____(yes or no)

If your answer is “no,” do not answer any further questions.

If your answer is “yes,” go on to Question No. 2.

QUESTION NO. 2:   Did the plaintiff sustain injury or damage?

Answer:   ____(yes or no)

If your answer is “no,” do not answer any further questions.

If your answer is “yes,” go on to Question No. 3.

QUESTION NO. 3:   Was the defendant’s negligence a proximate cause of the injury or damage to the plaintiff?

Answer:   ____(yes or no)

If your answer is “no,” do not answer any further questions.

If your answer is “yes,” go on to Question No. 4.

QUESTION NO. 4:   What is the total amount of plaintiff’s damages to the present date for [Describe past economic damages claimed by the plaintiff such as lost wages, medical expenses, etc.]?

Answer:   $________.____

QUESTION NO. 5:   What is the total amount of plaintiff’s damages to the present date for [Describe past noneconomic damages claimed by the plaintiff such as M Civ JI 50.02 Pain and Suffering, Etc., M Civ JI 50.03 Disability and Disfigurement, and M Civ JI 50.04 Aggravation of Preexisting Ailment or Condition.]?

Answer:   $________.____

QUESTION NO. 6:   If you find that the plaintiff will incur costs for medical or other health care in the future, give the total amount for each year in which the plaintiff will incur costs.

Answer:

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

 

QUESTION NO. 7:   If you find that the plaintiff will sustain damages for [lost wages or earnings / or / lost earning capacity / and / [Describe other economic loss claimed by plaintiff.]] in the future, give the total amount for each year in which the plaintiff will sustain damages.

Answer:

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

 

QUESTION NO. 8:   If you find that the plaintiff will sustain damages for [Describe future noneconomic damages claimed by plaintiff.] in the future, give the total amount for each year in which the plaintiff will sustain damages.

Answer:

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

QUESTION NO. 9:   Was the plaintiff negligent?

Answer:   ____(yes or no)

If your answer is “yes,” go on to Question No. 10.

If your answer is “no,” go on to Question No. 12.

QUESTION NO. 10:   Was the plaintiff’s negligence a proximate cause of the injury or damage to plaintiff?

Answer:   ____(yes or no)

If your answer is “yes,” go on to Question No. 11.

If your answer is “no,” go on to Question No. 12.

QUESTION NO. 11:   Using 100 percent as the total, and considering the nature of the conduct and the extent to which each party’s conduct caused or contributed to plaintiff’s injury, enter the percentage of fault attributable to:

Answer:

QUESTION NO. 12:   Using 100 percent as the total, and considering the nature of the conduct and the extent to which each party’s conduct caused or contributed to plaintiff’s injury, enter the percentage of fault attributable to:

Answer:

Please note that the judge will reduce the total amount of the plaintiff’s damages entered in Questions No. 4 through 8 by the percentage of fault attributable to the plaintiff, if any, entered in Question No. 11.

Note on Use

For cases filed before October 1, 1986, use M Civ JI 66.01. For cases filed on or after October 1, 1986, relating to causes of action arising before October 1, 1986, use Questions No. 1 through 10 from M Civ JI 66.01A followed by Question No. 6 from M Civ JI 66.01. For cases filed on or after October 1, 1986, relating to causes of action arising after October 1, 1986, use M Civ JI 66.01A. See 1986 PA 178, §3.

Where there are multiple plaintiffs or defendants, the appropriate questions should be asked separately as to each one.

A separate Special Verdict sheet should be furnished to the jury for each plaintiff and each defendant.

Omit any questions that are not an issue, such as the question on contributory negligence or those on future damages.

This verdict form should not be used if the plaintiff is over 60 years of age.

This form of verdict is appropriate in a case in which the evidence would allow an award of damages for a 20-year period in the future. The form must be modified by the court to add or delete lines in Questions No. 6, 7, and 8 in cases where the evidence supports an award of damages for a period longer or shorter than 20 years.

Comment

See MCL 600.6304, .6305. The jury is not to determine the fault of settling tortfeasors. Department of Transp v Thrasher, 446 Mich 61; 521 NW2d 214 (1994).

History

M Civ JI 66.01A was added February 1987. TOP

M Civ JI 66.02  Form of Verdict: Comparative Negligence—Property Damage (To Be Used in Cases Filed on or after March 28, 1996)

We, the jury, answer the questions submitted as follows:

QUESTION NO. 1:   Was the defendant negligent?

Answer:   ____(yes or no)

If your answer is “yes,” go on to Question No. 2.

If your answer is “no,” do not answer any further questions.

QUESTION NO. 2:   Did the plaintiff sustain damage in one or more of the ways claimed?

Answer:   ____(yes or no)

If your answer is “yes,” go on to Question No. 3.

If your answer is “no,” do not answer any further questions.

QUESTION NO. 3:   Was the defendant’s negligence a proximate cause of the damage claimed by the plaintiff?

Answer:   ____(yes or no)

If your answer is “yes,” go on to Question No. 4.

If your answer is “no,” do not answer any further questions.

QUESTION NO. 4:   Was [name of nonparty] negligent?

Answer:   ____(yes or no)

If your answer is “yes,” go on to Question No. 5.

If your answer is “no,” go on to Question No. 6.

QUESTION NO. 5:   Was [name of nonparty]’s negligence a proximate cause of the damage claimed by the plaintiff?

Answer:   ____(yes or no)

If your answer is “yes,” or “no,” go on to Question No. 6.

QUESTION NO. 6:   Was the plaintiff negligent?

Answer:   ____(yes or no)

If your answer is “yes,” go on to Question No. 7.

If your answer is “no,” go on to Question No. 8.

QUESTION NO. 7:   Was the plaintiff’s negligence a proximate cause of plaintiff’s damage?

Answer:   ____(yes or no)

If your answer is “yes” or “no,” go on to Question No. 8.

QUESTION NO. 8:

QUESTION NO. 9:   If you find that plaintiff has sustained damage for [Describe damages to property claimed by the plaintiff], give the total amount of damages.

Answer:   $________.____

Note on Use

This form of verdict should be used for cases involving only property damages that are filed on or after March 28, 1996. 1995 PA 161, §3; 1995 PA 249, §3. See MCL 600.6304.

Where there are multiple plaintiffs or defendants, the appropriate questions should be asked separately to each one.

A separate special verdict sheet should be furnished to the jury for each plaintiff and each defendant.

Omit any questions that are not an issue.

If this verdict form is used in a property damage case in which future damages are appropriate, the damages awarded in the answer to Question No. 9 should reflect (unless the parties stipulate otherwise) an adjustment for inflation and a reduction of future damages to present worth as directed by M Civ JI 53.06 Effect of Inflation on Future Damages and M Civ JI 53.03 Future Damages—Reduction to Present Cash Value. The Michigan statute MCL 600.6305 that requires jury verdicts to separate past from future damages and to separate future damages by year applies to personal injury actions, not to actions for damage to property only.

This form of verdict may have to be modified if fault, such as intentional conduct, is an issue in the case. The statutory definition of fault is: “‘fault’ includes an act, an omission, conduct, including intentional conduct, a breach of warranty, or a breach of a legal duty, or any conduct that could give rise to the imposition of strict liability, that is a proximate cause of damage sustained by a party.” MCL 600.6304(8).

Comment

See MCL 600.6304, .6306.

Before the enactment of 1995 PA 161, the jury was not to determine the fault of settling tortfeasors. Department of Transp v Thrasher, 446 Mich 61; 521 NW2d 214 (1994).

History

M Civ JI 66.02 was added June 1997.
Amended December 2001.TOP

M Civ JI 66.03  Form of Verdict: Comparative Negligence—Personal Injury Action (To Be Used in Cases Filed on or after March 28, 1996).

We, the jury, answer the questions submitted as follows :

QUESTION NO. 1:   Was the defendant negligent?

Answer:   ____(yes or no)

If your answer is “yes,” go on to Question No. 2.

If your answer is “no,” do not answer any further questions.

QUESTION NO. 2:   Was the plaintiff injured?

Answer:   ____(yes or no)

If your answer is “yes,” go on to Question No. 3.

If your answer is “no,” do not answer any further questions.

QUESTION NO. 3:   Was the defendant's negligence a proximate cause of the injury claimed by the plaintiff?

Answer:   ____(yes or no)

If your answer is “yes,” go on to Question No. 4.

If your answer is “no,” do not answer any further questions.

QUESTION NO. 4:   Was [name of nonparty] negligent?

Answer:   ____(yes or no)

If your answer is “yes,” go on to Question No. 5.

If your answer is “no,” go on to Question No. 6.

QUESTION NO. 5:   Was [name of nonparty]'s negligence a proximate cause of the injury claimed by the plaintiff?

Answer:   ____(yes or no)

If your answer is “yes” or “no,” go on to Question No. 6.

QUESTION NO. 6:   Was the plaintiff negligent?

Answer:   ____(yes or no)

If your answer is “yes,” go on to Question No. 7.

If your answer is “no,” go on to Question No. 8.

QUESTION NO. 7:   Was the plaintiff's negligence a proximate cause of plaintiff's injury?

Answer:   ____(yes or no)

If your answer is “yes” or “no,” go on to Question No. 8.

QUESTION NO. 8:

 

QUESTION NO. 9:   If you find that plaintiff has sustained damages for [Describe past economic damages claimed by the plaintiff such as lost wages, medical expenses, etc.] to the present date, give the total amount of damages to the present date.

Answer:   $________.____

 

QUESTION NO. 10:   If you find that the plaintiff will incur costs for medical or other health care in the future, give the total amount for each year in which the plaintiff will incur costs.

Answer:

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

 

QUESTION NO. 11:   If you find that plaintiff will sustain damages for [lost wages or earnings / or / lost earning capacity / and / [Describe other economic loss claimed by plaintiff.]] in the future, give the total amount for each year in which the plaintiff will sustain damages.

Answer:

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

NONECONOMIC DAMAGES

NOTE: If you determined in Question No. 8 that plaintiff was more than 50 percent at fault, then do not answer any further questions. If you determined in Question No. 8 that plaintiff was 50 percent or less at fault, then go on to Question No. 12.

 

QUESTION NO. 12:   What is the total amount of plaintiff's damages to the present date for [Describe past noneconomic damages claimed by the plaintiff such as M Civ JI 50.02 Pain and Suffering, Etc., M Civ JI 50.03 Disability and Disfigurement, and M Civ JI 50.04 Aggravation of Preexisting Ailment or Condition.]?

Answer:   $________.____

 

QUESTION NO. 13:   If you find that plaintiff will sustain damages for [Describe future noneconomic damages claimed by plaintiff.] in the future, give the total amount for each year in which the plaintiff will sustain damages.

Answer:

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

$________.____ for [year]

Note on Use

This form of verdict should only be used for cases that are filed on or after March 28, 1996 . 1995 PA 161, §3; 1995 PA 249, §3.

If the plaintiff is not the person upon whose injury or death the damages are based, this form of verdict must be modified.

Where there are multiple plaintiffs or defendants, the appropriate questions should be asked separately to each one.

A separate special verdict sheet should be furnished to the jury for each plaintiff and defendant.

Omit any questions that are not an issue.

This verdict form should not be used if the plaintiff is over 60 years of age.

This form of verdict is appropriate in a case in which the evidence would allow an award of damages for a twenty-year period in the future. This form must be modified by the trial judge to add or delete lines in Questions No. 10, 11, and 13 in cases where the evidence supports an award of damages for a period longer or shorter than twenty years.

This form of verdict may have to be modified if fault, such as intentional conduct, is an issue in the case. The statutory definition of fault is: “ ‘fault' includes an act, an omission, conduct, including intentional conduct, a breach of warranty, or a breach of a legal duty, or any conduct that could give rise to the imposition of strict liability, that is a proximate cause of damage sustained by a party.” MCL 600.6304(8) .

Comment

See MCL 600.6304 , .6305 , .6306 .
Before the enactment of 1995 PA 161, the jury was not to determine the fault of settling tortfeasors. Department of Transp v Thrasher , 446 Mich 61 (1994).

In an action based on tort or another legal theory seeking damages for personal injury or wrongful death, noneconomic damages will not be awarded if the person whose injury or death the damages are based on is more than 50 percent at fault. MCL 600.2959 .

The 2007 amendment deleted the phrase “in one or more of the ways claimed” from Question 2.

History

M Civ JI 66.03 was added June 1997.
Amended September 2007. TOP