AMI 2106 Comparative Negligence or Fault—Complaint of Principal and Agent—Counterclaim by Defen...

If you should find that (plaintiff agent) was not negligent or that [his][her] negligence was not a proximate cause of the occurrence, then both (plaintiff agent) and (plaintiff principal) are entitled to recover the full amount of any damages you may find they have 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 agent).

If you should find that the occurrence was proximately caused by negligence of both (plaintiff agent) and (defendant), then you must compare the percentages of the negligence of these two parties.

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

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

If you should find that (plaintiff agent) and (defendant) were equally negligent or that neither was negligent, then none of the parties can recover in this case, and you should find against (plaintiff agent) and (plaintiff principal) on their complaint and against (defendant) on [his][her] counterclaim.