AMI 2104 Comparative Negligence or Fault—Complaint Against Principal and Agent—Counterclaim by ...

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 agent).

If you should find that (defendant agent) was not negligent or that [his][her] negligence was not a proximate cause of the occurrence, then (defendant principal) 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 agent), then you must compare the percentages of the negligence of these two parties.

If the negligence of (plaintiff) was of less degree than the negligence of (defendant agent), then you should find for (plaintiff) on [his][her] complaint against both defendants and also for (plaintiff) on the counterclaim of (defendant principal). However, you must reduce any damages of (plaintiff) in proportion to the degree of [his][her] own negligence.

If the negligence of (defendant agent) was of less degree than the negligence of (plaintiff), then you should find for (defendant principal) on [his][her] counterclaim and also for both defendants on the complaint of (plaintiff). However, you must reduce any damages of (defendant principal) in proportion to the degree of negligence of (defendant agent).

If you should find that (plaintiff) and (defendant agent) were equally negligent or that neither was negligent, then neither (plaintiff) nor (defendant principal) can recover in this case, and you should find against (plaintiff) on [his][her] complaint and against (defendant principal) on [his][her] counterclaim.