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AMI2108Comparative Negligence or Fault—Multiple Claims—No Imputed Negligence—No Joint Tortfeaso...

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2108
Arkansas Model Jury Instructions-Civil
November 2020 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 21. Comparative Fault—
General Verdict
AMI 2108 Comparative Negligence or Fault—Multiple Claims—No Imputed Negligence—No Joint Tortfeasors
If you should find that a party claiming damages was free of any negligence which was a proximate cause of the occurrence, then that party 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 [the][any] party [he][she] is suing.
If you should find that the occurrence was proximately caused by negligence on the part of a party claiming damages and also by negligence on the part of [the][any] party from whom [he][she] seeks to recover, then you must compare the percentages of their negligence.
If the negligence of a party claiming damages was of less degree than the negligence of [the][any] party from whom [he][she] seeks to recover, then [he][she] is entitled to recover any damages which you may find [he][she] has sustained as a result of the occurrence after you have reduced them in proportion to the degree of [his][her] own negligence.
On the other hand, if the negligence of a party claiming damages was equal to or greater in degree than the negligence of [the][any] party from whom [he][she] seeks to recover, or if [the][any] party from whom [he][she] seeks to recover was not negligent, then the party claiming damages is not entitled to recover from that party.
NOTE ON USE
Do not use this instruction when the case is submitted on interrogatories.
When AMI 301 is given, substitute “fault” for “negligence.”
In a multiple claim case involving imputed negligence or fault use AMI 2109.
In a multiple claim case involving joint tortfeasors use AMI 2110.
COMMENT
This instruction is based on Ark. Code Ann. § 16-64-122.
If the cause of action accrued after March 25, 2003, this instruction might not be applicable. See Comment to AMI 2110.
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