M Civ JI 25.03 Causation - Multiple Defendants with Warranty and Negligence Counts

Each defendant is entitled to separate consideration as to whether [ [ his / her ] conduct / or / the failure of [ his / her ] product to meet the warranty ] was a proximate cause of the occurrence. If you decide that a defendant [ was negligent / or / failed to meet the warranty ] and that such [ negligence / or / failure ] was a proximate cause of the occurrence, it is not a defense that another [ defendant / or / defendant’s product ] also may have been a cause of the occurrence.

Note on Use

M Civ JI 25.03 or M Civ JI 25.04, as appropriate, should be given when there is an issue whether each defendant’s breach of warranty or conduct was a proximate cause. The appropriate bracketed alternatives must be selected.

This instruction should be preceded by M Civ JI 25.02.