AMI 109 Two or More Claimants—Rights Are Separate
Ark. Model Jury Instr., Civil AMI 109
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 1. Introductory Instructions
AMI 109 Two or More Claimants—Rights Are Separate
The rights of , , and , are separate and distinct, and you will treat their claims as if they were separate suits. But, so far as the instructions and evidence apply to each, they govern [his][or][her] case.
NOTE ON USE
This instruction should not be given when the fault of one plaintiff may be imputed to another, or when the rights of one plaintiff are derivative of another.
COMMENT
Inconsistent verdicts among plaintiffs were upheld in Green v. West Memphis Lumber Co., 192 Ark. 1177, 91 S.W.2d 261 (1936) (passenger and driver plaintiffs), and Coca–Cola Bottling Co. of Southwest Arkansas v. Strather, 192 Ark. 999, 96 S.W.2d 14 (1936) (two plaintiffs drank from same soft drink bottle).
Each plaintiff is entitled to the benefit of evidence adduced on behalf of other parties. Stutzenbaker v. Arkansas Power & Light Co., 187 Ark. 438, 59 S.W.2d 1037 (1933).
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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