M Civ JI 66.01A Form of Verdict: Comparative Negligence (Personal Injury Action)

We, the jury, answer the questions submitted as follows:

QUESTION NO. 1: Was the defendant negligent?

Answer: ____(yes or no)

If your answer is “no,” do not answer any further questions.

If your answer is “yes,” go on to QUESTION NO. 2.

QUESTION NO. 2: Did the plaintiff sustain injury or damage?

Answer: ____(yes or no)

If your answer is “no,” do not answer any further questions.

If your answer is “yes,” go on to QUESTION NO. 3.

QUESTION NO. 3: Was the defendant’s negligence a proximate cause of the injury or damage to the plaintiff?

Answer: ____(yes or no)

If your answer is “no,” do not answer any further questions.

If your answer is “yes,” go on to QUESTION NO. 4.

DAMAGES TO THE PRESENT DATE

QUESTION NO. 4: What is the total amount of plaintiff’s damages to the present date for [ describe past economic damages claimed by the plaintiff such as lost wages, medical expenses, etc. ]?

Answer: $________.____

QUESTION NO. 5: What is the total amount of plaintiff’s damages to the present date for [ describe past noneconomic damages claimed by the plaintiff such as M Civ JI 50.02 Pain and Suffering, Etc., M Civ JI 50.03 Disability and Disfigurement, and M Civ JI 50.04 Aggravation of Preexisting Ailment or Condition ]?

Answer: $________.____

FUTURE DAMAGES

QUESTION NO. 6: If you find that the plaintiff will incur costs for medical or other health care in the future, give the total amount for each year in which the plaintiff will incur costs.

Answer:

$________.____ for [ year ]

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QUESTION NO. 7: If you find that the plaintiff will sustain damages for [ lost wages or earnings / or / lost earning capacity / and / [ describe other economic loss claimed by plaintiff ] ] in the future, give the total amount for each year in which the plaintiff will sustain damages.

Answer:

$________.____ for [ year ]

$________.____ for [ year ]

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QUESTION NO. 8: If you find that the plaintiff will sustain damages for [ describe future noneconomic damages claimed by plaintiff ] in the future, give the total amount for each year in which the plaintiff will sustain damages.

Answer:

$________.____ for [ year ]

$________.____ for [ year ]

$________.____ for [ year ]

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CONTRIBUTORY NEGLIGENCE/ALLOCATION OF FAULT

QUESTION NO. 9: Was the plaintiff negligent?

Answer: ____(yes or no)

If your answer is “yes,” go on to QUESTION NO. 10.

If your answer is “no,” go on to QUESTION NO. 12.

QUESTION NO. 10: Was the plaintiff’s negligence a proximate cause of the injury or damage to plaintiff?

Answer: ____(yes or no)

If your answer is “yes,” go on to QUESTION NO. 11.

If your answer is “no,” go on to QUESTION NO. 12.

QUESTION NO. 11: Using 100 percent as the total, and considering the nature of the conduct and the extent to which each party’s conduct caused or contributed to plaintiff’s injury, enter the percentage of fault attributable to:

Answer:

Defendant [ name of defendant ] ____ percent

Defendant [ name of defendant ] ____ percent

Plaintiff [ name of plaintiff ] ____ percent

QUESTION NO. 12: Using 100 percent as the total, and considering the nature of the conduct and the extent to which each party’s conduct caused or contributed to plaintiff’s injury, enter the percentage of fault attributable to:

Answer:

Defendant [ name of defendant ] ____ percent

Defendant [ name of defendant ] ____ percent

Please note that the judge will reduce the total amount of the plaintiff’s damages entered in Questions No. 4 through 8 by the percentage of fault attributable to the plaintiff, if any, entered in QUESTION NO. 11.

Signed,

___________________________________ _______________________

Foreperson Date

Note on Use

For cases filed before October 1, 1986, use M Civ JI 66.01. For cases filed on or after October 1, 1986, relating to causes of action arising before October 1, 1986, use Questions No. 1 through 10 from M Civ JI 66.01A followed by QUESTION NO. 6 from M Civ JI 66.01. For cases filed on or after October 1, 1986, relating to causes of action arising after October 1, 1986, use M Civ JI 66.01A. See 1986 PA 178, §3.

Where there are multiple plaintiffs or defendants, the appropriate questions should be asked separately as to each one.

A separate Special Verdict sheet should be furnished to the jury for each plaintiff and each defendant.

Omit any questions that are not an issue, such as the question on contributory negligence or those on future damages.

This verdict form should not be used if the plaintiff is over 60 years of age.

This form of verdict is appropriate in a case in which the evidence would allow an award of damages for a 20-year period in the future. The form must be modified by the court to add or delete lines in Questions No. 6, 7, and 8 in cases where the evidence supports an award of damages for a period longer or shorter than 20 years.

Comment

See MCL 600.6304, .6305. The jury is not to determine the fault of settling tortfeasors. Department of Transp v Thrasher, 446 Mich 61; 521 NW2d 214 (1994).

History

M Civ JI 66.01A was added February 1987.