CHAPTER 11Comparative Negligence

M Civ JI 11.01 Comparative Negligence—Definition   

The total amount of damages that the plaintiff would otherwise be entitled to recover shall be reduced by the percentage of plaintiff’s negligence that contributed as a proximate cause to [ his / her ] [ injury / property damage ].

This is known as comparative negligence.

*(The plaintiff, however, is not entitled to noneconomic damages if [ he / she ] is more than 50 percent at fault for [ his / her ] injury.)

Note on Use

This instruction should be given where there is a question for the jury as to the negligence of one or more of the plaintiffs. If there is no such question, see M Civ JI 11.02 Negligence—Not an Issue as to One or More Plaintiffs.

*This paragraph should be deleted if the case was filed before March 28, 1996. See 1995 PA 161, §3.

Comment

See Placek v Sterling Heights, 405 Mich 638; 275 NW2d 511 (1979), and MCL 600.2959, added by 1995 PA 161.

History

M Civ JI 11.01 was added September 1980. Amended June 1997.