M Civ JI 41.04 Damages Not to Be Allocated Among Joint Tort-Feasors [ Instruction Deleted ]

Comment

This instruction was deleted because even in cases in which joint liability has not been abolished, allocation of fault between defendants and others in a lawsuit based on tort or other legal theory seeking damages for personal injury, property damage, or wrongful death is required by MCL 600.6304. (Prior to its amendment by 1995 PA 249, the allocation of fault section applied only to “personal injury actions.”) Joint liability was not abolished in medical malpractice actions in which the plaintiff is determined to be without fault (MCL 600.6304(6)(a)), and cases in which the defendant is found liable for an act or omission that constitutes one of enumerated crimes (MCL 600.6312).

Also, this instruction was deleted because even in joint liability cases, it is the judge, not the jury, that is given the role of assessing damages against defendants in accordance with MCL 600.6306.

History

M Civ JI 41.04 was SJI 41.06. Deleted November 2000.