AMI 2101 Comparative Negligence or Fault—Claim by One Plaintiff—No Counterclaim
Ark. Model Jury Instr., Civil AMI 2101
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 21. Comparative Fault—General Verdict
AMI 2101 Comparative Negligence or Fault—Claim by One Plaintiff—No Counterclaim
If you should find that the occurrence was proximately caused by negligence on the part of (defendant) and not by negligence on the part of (plaintiff), then (plaintiff) is entitled to recover the full amount of any damages you may find [he][she] has sustained as a result of the occurrence.
If you should find that the occurrence was proximately caused by negligence of both (plaintiff) and (defendant), then you must compare the percentages of their negligence.
If the negligence of (plaintiff) is of less degree than the negligence of (defendant), then (plaintiff) is entitled to recover any damages which you may find [he][she] has sustained as a result of the occurrence after you have reduced them in proportion to the degree of [his][her] own negligence.
On the other hand, if (defendant) was not negligent or if the negligence of (plaintiff) is equal to or greater in degree than the negligence of (defendant), then (plaintiff) is not entitled to recover any damages.
NOTE ON USE
Do not use this instruction when the case is submitted on interrogatories.
When AMI 301 is given, substitute “fault” for “negligence.”
When damages are sought from co-defendants, this instruction should be given only when it is admitted that the negligence or fault of one is imputed to the other and the name of the individual personally charged with negligence or fault should be inserted. When joint tortfeasors are involved, use AMI 2110.
When plaintiff is suing in a representative capacity use AMI 2102.
COMMENT
This instruction is based on Ark. Code Ann. § 16-64-122.
A party who admits fault is not thereby barred from asserting comparative fault on the part of the other party. Bryant v. Eifling, 301 Ark. 172, 782 S.W.2d 580 (1990).
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
| End of Document |