AMI 2102 Comparative Negligence or Fault—Plaintiff Suing in Representative Capacity
Ark. Model Jury Instr., Civil AMI 2102
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 21. Comparative Fault—General Verdict
AMI 2102 Comparative Negligence or Fault—Plaintiff Suing in Representative Capacity
If you should find that (deceased) was not negligent or that [his][her] negligence was not a proximate cause of the occurrence, then (plaintiff), the administrator, is entitled to recover the full amount of any damages which were proximately caused by any negligence of (defendant).
If you should find that the occurrence was proximately caused by negligence of both (deceased) and (defendant), then you must compare the percentages of their negligence. If the negligence of (deceased) was of less degree than the negligence of (defendant), then (plaintiff), the administrator, is entitled to recover any damages sustained as a result of the occurrence after you have reduced them in proportion to the degree of the negligence of (deceased).
On the other hand, if (defendant) was not negligent or if the negligence of (deceased) was equal to or greater than the negligence of (defendant), then (plaintiff), the administrator, 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.”
This instruction is, in part, illustrative in that with slight adaptation it can be used when a parent sues for injuries to his minor child or a spouse sues for loss of consortium.
COMMENT
This instruction is based on Ark. Code Ann. § 16-64-122.
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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