Instructions
M Civ JI 40.01 Two or More Plaintiffs—Separate Consideration—Repeating Instructions
M Civ JI 40.02 Assessment of Damages
There are [number] plaintiffs in this trial. Each plaintiff is entitled to separate consideration of [his / or / her] own case. I shall not repeat my instructions for each plaintiff. Unless I tell you otherwise, all instructions apply to each plaintiff.
Note on Use
The use of this instruction will tend to eliminate repeating instructions on behalf of two or more plaintiffs on issues and questions of law applicable to more than one plaintiff. It is recommended that this instruction be given either before or after M Civ JI 7.01 Issues for the Jury and Theories of the Parties, in the discretion of the judge. It will apply in cases consolidated for trial as well as a single suit involving multiple plaintiffs.
Comment
An instruction of this type has not been passed on by the Michigan Supreme Court. Instructions somewhat similar have been approved in California in Fresno City Lines v Herman, 97 Cal App 2d 366; 217 P2d 987 (1950), and McCallum v Howe, 110 Cal App 2d 792; 243 P2d 894 (1952).
History
If your verdict is for one of the plaintiffs, you shall determine [his / or / her] damages and return a verdict in that amount. If your verdict is for more than one of the plaintiffs, you shall determine the amount of their damages separately, and return a verdict in that separate amount for each plaintiff.
Comment
See Forms of Verdicts under M Civ JI 65.01–65.04.
History