M Civ JI 68.01A Form of Verdict: Products Liability (Personal Injury Action)

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

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 your answer to QUESTION NO. 1A is “yes,” then answer QUESTION NO. 2A.

If your answer to QUESTION NO. 1B is “yes,” then answer QUESTION NO. 2B.

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

Answer: ____(yes or no)

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 either QUESTION NO. 2A or QUESTION NO. 2B is ‘yes,” go on to QUESTION NO. 3.

DAMAGES TO THE PRESENT DATE

QUESTION NO. 3: 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. 4: 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. 5: 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 ]

$________.____ for [ year ]

$________.____ for [ year ]

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QUESTION NO. 6: 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 ]

$________.____ for [ year ]

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QUESTION NO. 7: 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 ]

$________.____ for [ year ]

$________.____ for [ year ]

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$________.____ for [ year ]

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CONTRIBUTORY NEGLIGENCE/ALLOCATION OF FAULT

QUESTION NO. 8: Was the plaintiff negligent?

Answer: ____(yes or no)

If your answer is “yes,” go on to QUESTION NO. 9.

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

QUESTION NO. 9: Was the plaintiff’s negligence a proximate cause of the injury or damage to the plaintiff?

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. 11.

QUESTION NO. 10: 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:

Answer:

Defendant [ name of defendant ] ____ percent

Defendant [ name of defendant ] ____ percent

Plaintiff [ name of plaintiff ] ____ percent

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:

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 answered in Questions No. 3 through 7 by the percentage of plaintiff’s fault, if any, entered in the answer to QUESTION NO. 10.

Signed,

______________________________ _______________________

Foreperson Date

Note on Use

For cases filed before October 1, 1986, use M Civ JI 68.01. For cases filed on or after October 1, 1986, relating to causes of action arising before October 1, 1986, use Questions No. 1 through 9 from M Civ JI 68.01A followed by QUESTION NO. 6 from M Civ JI 68.01. For cases filed on or after October 1, 1986, relating to causes of action arising after October 1, 1986, use M Civ JI 68.01A. See 1986 PA 178, §3.

This form of verdict must be modified by deleting Questions No. 1B and 2B 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).

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. 5, 6, and 7 in cases where the evidence supports an award of damages for a period longer or shorter than 20 years.

Comment

MCL 600.6305; MCL 600.6304.

History

M Civ JI 68.01A was added February 1987.