M Civ JI 15.04 Causation by Multiple Defendants

You may decide that the conduct of [ neither / none ], one or [ both / more ] of the defendants was a proximate cause. If you decide that [ one / one or more ] of the defendants was negligent and that such negligence was a proximate cause of the occurrence, it is not a defense that the conduct of [ the / any ] other [ defendant / defendants ] also may have been a cause of the occurrence. Each defendant is entitled to separate consideration as to whether [ his / or / her ] conduct was a proximate cause of the occurrence.

Note on Use

This instruction should be preceded by M Civ JI 15.03 and should be given when there is an issue whether the conduct of each defendant was a proximate cause. The bracketed alternatives should be selected according to whether there are two or more than two defendants.

Comment

See Banzhof v Roche, 228 Mich 36; 199 NW 607 (1924); Camp v Wilson, 258 Mich 38; 241 NW 844 (1932).