M Civ JI 41.02 Damages Where There Is No Allocation of Fault Between Defendants

If you find one of the defendants to be liable, you shall determine the amount of damages [ he / or / she ] caused and return a verdict in that amount. If you find more than one of the defendants to be liable, you shall return a separate verdict for the amount of damages you determine each defendant caused.

Note on Use

This instruction should be used only if defendants caused factually separable injuries. Defendants who cause factually separable injuries are liable only for the injuries they cause and the jury should determine separate damages. Rodgers v Canfield, 272 Mich 562; 262 NW 409 (1935). This instruction does not apply in cases of vicarious liability or joint liability. (For discussion of the abrogation of joint liability in most cases see comment to now-deleted M Civ JI 43.01A Contribution among Tort-feasors by Relative Fault.)

Even if defendants have caused factually separable injuries, the jury may be required to allocate fault between one of the defendants and the plaintiff or a named nonparty. MCL 600.2957, .6304. If an allocation of fault is required, the jury’s verdict will not be for the damages caused by that defendant, as this instruction states. Instead, the court will determine that defendant’s damages based on the allocation of fault. MCL 600.6306. In such cases involving both factually separable injuries and allocation of fault, modifications of both this instruction and M Civ JI 42.01 Allocation of Fault of Parties may be given.

Where there is an issue about whether defendants caused factually separable injuries, modifications of both this instruction and M Civ JI 42.01 may be given.

History

M Civ JI 41.02 was SJI 41.04.