M Civ JI 11.01 Comparative Negligence - Definition

The total amount of damages that the plaintiff would otherwise be entitled to recover shall be reduced by the percentage of plaintiff’s negligence that contributed as a proximate cause to [ his / her ] [ injury / property damage ].

This is known as comparative negligence.

*(The plaintiff, however, is not entitled to noneconomic damages if [ he / she ] is more than 50 percent at fault for [ his / her ] injury.)

Note on Use

This instruction should be given where there is a question for the jury as to the negligence of one or more of the plaintiffs. If there is no such question, see M Civ JI 11.02 Negligence—Not an Issue as to One or More Plaintiffs.

*This paragraph should be deleted if the case was filed before March 28, 1996. See 1995 PA 161, §3.

Comment

See Placek v Sterling Heights, 405 Mich 638; 275 NW2d 511 (1979), and MCL 600.2959, added by 1995 PA 161.

History

M Civ JI 11.01 was added September 1980. Amended June 1997.