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AMI2103Comparative Negligence or Fault—Complaint and Counterclaim—One Plaintiff and One Defenda...

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2103
Arkansas Model Jury Instructions-Civil
November 2020 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 21. Comparative Fault—
General Verdict
AMI 2103 Comparative Negligence or Fault—Complaint and Counterclaim—One Plaintiff and One Defendant
If you should find that (plaintiff) was not negligent or that [his][her] negligence was not a proximate cause of the occurrence, then [he][she] is entitled to recover the full amount of any damages you may find [he][she] has sustained which were proximately caused by any negligence of (defendant).
If you should find that (defendant) was not negligent or that [his][her] negligence was not a proximate cause of the occurrence, then [he][she] is entitled to recover the full amount of any damages you may find [he][she] has sustained which were proximately caused by any negligence of (plaintiff).
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) was of less degree than the negligence of (defendant), then you should find for (plaintiff) on [his][her] complaint, and also for [him][her] on the counterclaim of (defendant). However, you must reduce the damages of (plaintiff) in proportion to the degree of [his][her] own negligence.
If the negligence of (defendant) was of less degree than the negligence of (plaintiff), then you should find for (defendant) on [his][her] counterclaim, and also for [him][her] on the complaint of (plaintiff). However, you must reduce the damages of (defendant) in proportion to the degree of [his][her] own negligence.
If you should find that (plaintiff) and (defendant) were equally negligent or that neither was negligent, then neither can recover from the other and you should find against (plaintiff) on [his][her] complaint and against (defendant) on [his][her] counterclaim.
NOTE ON USE
Do not use this instruction when the case is submitted on interrogatories.
When AMI 301 is given, substitute “fault” for “negligence.”
COMMENT
This instruction is based on Ark. Code Ann. § 16-64-122.
End of Document