M Civ JI 68.01 Form of Verdict: Products Liability

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

QUESTION NO. 1A: Was the defendant negligent in one or more of the ways claimed by the plaintiff?

Answer: ____(yes or no)

QUESTION NO. 1B: Did the defendant breach an implied warranty in one or more of the ways claimed by the plaintiff?

Answer: ____(yes or no)

If your answer is “no” to both QUESTION NO. 1A and QUESTION NO. 1B, do not answer any further questions.

If you answered QUESTION NO. 1A “no,” then do not answer QUESTION NO. 2A:

QUESTION NO. 2A: Was the defendant’s negligence a proximate cause of [ injuries / damages ] to the plaintiff?

Answer: ____(yes or no)

If you answered QUESTION NO. 1B “no,” do not answer QUESTION NO. 2B:

QUESTION NO. 2B: Was the defendant’s breach of implied warranty a proximate cause of [ injuries / damages ] to the plaintiff?

Answer: ____(yes or no)

If your answer to QUESTION NO. 2A and QUESTION NO. 2B is “no,” do not answer any further questions.

QUESTION NO. 3: What is the total amount of the 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 damages 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 and/or breach of warranty which proximately caused the plaintiff’s damages, what percentage was due to the plaintiff’s negligence?

Answer: ____ percent

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

Signed,

______________________________ _______________________

Foreperson Date

Note on Use

This form of verdict should not be used in an action against a manufacturer for an alleged defect in the design of its product. Prentis v Yale Manufacturing Co, 421 Mich 670; 365 NW2d 176 (1984).

History

M Civ JI 68.01 was added October 1984.