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WPI 21.02.01 Burden of Proof on the Issues—No Affirmative Defense—Two or More Defendants

6 WAPRAC WPI 21.02.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 21.02.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part III. Issues—Burden of Proof
Chapter 21. Burden of Proof
WPI 21.02.01 Burden of Proof on the Issues—No Affirmative Defense—Two or More Defendants
The plaintiff has the burden of proving each of the following propositions:
First, that one or more of the defendants acted, or failed to act, in one of the ways claimed by the plaintiff and that in so acting, or failing to act, one or more of the defendants was negligent;
Second, that [the plaintiff was injured] [and] [or] [plaintiff's property was damaged];
Third, that the negligence of one or more of the defendants was a proximate cause of [the injury to the plaintiff] [and] [or] [the damage to plaintiff's property].
If you find from your consideration of all the evidence that each of these propositions has been proved against one or more of the defendants, your verdict should be for the plaintiff and against the defendant or those defendants. On the other hand, if any of these propositions has not been proved against one or more of the defendants, your verdict should be for that defendant or those defendants.
NOTE ON USE
Use bracketed material as applicable. Use WPI 21.01 (Meaning of Burden of Proof—Preponderance of the Evidence) and WPI 41.03 (Two or More Defendants—Different Legal Duties) with this instruction.
In a multiple defendant case in which there is no issue of contributory negligence or any other affirmative defense, use this instruction instead of WPI 21.02 (Burden of Proof on the Issues—No Affirmative Defense). See the Note on Use to WPI 21.02 (Burden of Proof on the Issues—No Affirmative Defense).
With this instruction, use either verdict form WPI 45.24 (Special Verdict Form—Personal Injury/Wrongful Death—Multiple Defendants—No Contributory Negligence—No “Empty Chairs”) or WPI 45.25 (Special Verdict Form—Personal Injury/Wrongful Death—Multiple Defendants—No Contributory Negligence—“Empty Chairs”).
COMMENT
For a discussion of apportioning damages between negligent defendants, see the Comment to WPI 30.01.01 (Measure of Economic and Noneconomic Damages—Personal Injury—No Contributory Negligence).
[Current as of September 2018.]
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