WPI 20.02 Issues—Claim and Counterclaim
6 WAPRAC WPI 20.02Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 20.02 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part III. Issues—Burden of Proof
Chapter 20. Issues in the Case
WPI 20.02 Issues—Claim and Counterclaim
(1) Each party to this suit claims to be entitled to damages from the other. The plaintiff claims that the defendant was negligent in [one or more of the following respects:]
(Set forth, in a simple form without undue emphasis or repetition, plaintiff's negligence claims that the court has ruled will be submitted to the jury. Use the bracketed phrase if there is more than one claim.)
The plaintiff claims that [one or more of these acts] [defendant's conduct] was a proximate cause of injuries and damage to plaintiff. The defendant denies these claims.
(2) [In addition, the defendant claims and plaintiff denies the following affirmative defense:]
(Set forth any affirmative defenses, other than contributory negligence, that are supported by evidence.)
(3) [The defendant further denies that plaintiff was injured or sustained damage.]
(4) [The defendant further denies the nature and extent of the claimed injuries and damage.]
(5) The defendant counterclaims that the plaintiff was negligent in [one or more of the following respects:]
(Set forth, in a simple form without undue emphasis or repetition, defendant's claims of negligence that the court has ruled will be submitted to the jury. Use the bracketed phrase if there is more than one claim.)
The defendant counterclaims that [one or more of these acts] [plaintiff's conduct] was a proximate cause of injuries and damage to defendant. The plaintiff denies these claims.
(6) Each party claims as an affirmative defense that the negligence of the other party was a proximate cause of the other party's own injuries and damages and was therefore contributory negligence.
(7) [In addition, the plaintiff claims and defendant denies the following affirmative defense:]
(Set forth any affirmative defenses, other than contributory negligence, that are supported by evidence.)
(8) [The plaintiff further denies that defendant was injured or sustained damage.]
(9) [The plaintiff further denies the nature and extent of the claimed injuries and damage.]
NOTE ON USE
See the Note on Use and Comment to WPI 20.01 (Issues).
Paragraphs (1), (5), and (6) will always be used. Select from among the other paragraphs according to the issues and evidence in the case. A particular case may require additional innovations.
If a party has been involved in several accidents, or if there is a danger of confusing several related events, or any time it will make for more clarity, this instruction should be modified to refer specifically to the particular accident or events involved in this lawsuit. Insert after the first sentence, “The plaintiff claims that …” and “The defendant claims that …,” followed in each case by a brief statement of the date, place, and nature of the occurrence out of which the claims of that party arise.
This instruction is to be combined with WPI 20.05 (Summary of Claims). See the Note on Use to WPI 20.05 (Summary of Claims).
For cases involving multiple claims, using WPI 41.05 (Counterclaim—Cross-Claim—Third-Party Claim), along with this instruction.
[Current as of September 2018.]
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