AMI 205 Issues—Multiple Claims—Varying Standards of Care—Burden of Proof
Ark. Model Jury Instr., Civil AMI 205
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 2. Issues and Burden of Proof
AMI 205 Issues—Multiple Claims—Varying Standards of Care—Burden of Proof
(Claiming party)[also] claims damages from (party being sued) and has the burden of proving each of three essential propositions:
First, that [he][she][it] has sustained damages;
Second, that (alleged tortfeasor)[and , or one of them]
(a) [was negligent;]
(b) [intended to harm (claiming party)(or)(and)(his)(her)(its) property;]
(c) [failed to use the highest degree of care;]
(d) [and that as to (alleged principal, partner, etc.) such (negligence)(or)(intentional conduct)(failure) is chargeable to (it)(him)(her)(them);]
And third, that such [negligence][or][intentional conduct][failure] was a proximate cause of the damages of (claiming party).
[If you find from the evidence in this case that each of these propositions has been proved, then your verdict should be for (claiming party) (against the party or parties found to be liable); but if, on the other hand, you find from the evidence that any of these propositions has not been proved, then your verdict should be for (party being sued).]
NOTE ON USE
Repeat this instruction as necessary to delineate all claims being submitted to the jury. Use the bracketed word “also” in the first sentence each time the instruction is repeated.
Use the bracketed portion of the first line of paragraph “Second” when the claiming party seeks damages from alleged joint tortfeasors.
The “alleged tortfeasor” in paragraph “Second” may not necessarily be a party. For example, if a principal alone is sued for the alleged tortious conduct of his agent, the agent should be named or otherwise identified.
Each time this instruction is repeated, the appropriate alternative, (a) through (d), should be used.
Alternative (a) will be sufficient in most cases. Use alternative (c) in a claim by a passenger against a common carrier. Alternative (d) should follow the appropriate alternative when it is contended that the conduct of the “alleged tortfeasor” is imputed to another party and the jury is also required to determine the issue of whether a relationship permitting imputation existed at the time of the occurrence. In this event AMI 207 or 209 should be given immediately following this instruction. If the relationship, on the other hand, is admitted, do not use alternative (d). See AMI 208. Do not use paragraph (d) when the case is submitted on interrogatories.
When AMI 301 is given, substitute “fault” for “negligence.”
Do not use the final bracketed paragraph when the case is submitted on interrogatories or when affirmative defenses are in issue. See AMI 206.
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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