AMI 210 Admitted Liability
Ark. Model Jury Instr., Civil AMI 210
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 2. Issues and Burden of Proof
AMI 210 Admitted Liability
(Defendant) has admitted liability for any [compensatory] damages sustained by (plaintiff) which were proximately caused by the occurrence. You need only decide what those [compensatory] damages are and what amount (plaintiff) should recover. (Plaintiff) has the burden of proving the amount of those damages.
NOTE ON USE
Use the bracketed word “compensatory” when compensatory damages are admitted and there is an issue as to punitive damages.
Do not use this instruction when the negligence of the plaintiff is an issue. See AMI 2101 et seq.
COMMENT
An injured person may be entitled to nominal damages even in the absence of a showing of actual damages. Adams v. Adams, 228 Ark. 741, 310 S.W.2d 813 (1958); Cathey v. Arkansas Power & Light Co., 193 Ark. 92, 97 S.W.2d 624 (1936).
The fact that one party admits negligence does not preempt consideration of any negligence of another party. Bryant v. Eifling, 301 Ark. 172, 782 S.W.2d 580 (1990). In such cases, it may be necessary to use a modified version of the appropriate comparative fault instruction. See AMI 2101 et seq.
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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