AMI 2107 Comparative Negligence or Fault—Complaint and Counterclaim—Complaint of Principal and ...

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 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 both (defendant agent) and (defendant 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 (plaintiff agent).

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

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

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

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