AMI 2109 Comparative Negligence or Fault—Multiple Claims—Imputed Negligence
Ark. Model Jury Instr., Civil AMI 2109
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 21. Comparative Fault—General Verdict
AMI 2109 Comparative Negligence or Fault—Multiple Claims—Imputed Negligence
If you should find that a party claiming damages was not chargeable with 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 chargeable to [the][any] party [he][she] is suing.
If you should find that the occurrence was proximately caused by negligence chargeable to a party claiming damages and also by negligence chargeable to [the][any] party from whom [he][she] seeks to recover, then you must compare the percentages of their negligence.
If the negligence chargeable to a party claiming damages was of less degree than the negligence chargeable to [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 chargeable to a party claiming damages was equal to or greater in degree than the negligence chargeable to [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 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.
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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