WPI 21.04 Burden of Proof on the Issues—Counterclaim
6 WAPRAC WPI 21.04Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 21.04 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part III. Issues—Burden of Proof
Chapter 21. Burden of Proof
WPI 21.04 Burden of Proof on the Issues—Counterclaim
In this suit, there is a claim by the plaintiff, and a counterclaim by the defendant. On each claim, you may find for or against either party. You may reach one of four results:
• You may find for the plaintiff on plaintiff's claim and against the defendant on defendant's counterclaim, or
• You may find for the defendant on defendant's counterclaim and against the plaintiff on plaintiff's claim, or
• You may find for the plaintiff on plaintiff's claim and for the defendant on defendant's counterclaim, or
• You may find against the plaintiff on plaintiff's claim and against the defendant on defendant's counterclaim.
The plaintiff has the burden of proving each of the following propositions:
First, that the defendant acted, or failed to act, in one of the ways claimed by the plaintiff and that in so acting, or failing to act, the defendant was negligent; and
Second, that [the plaintiff was injured] [and] [or] [plaintiff's property was damaged]; and
Third, that the negligence of the defendant was a proximate cause of [the injury to the plaintiff] [and] [or] [the damage to plaintiff's property]; and
Fourth, in defense to defendant's counterclaim, plaintiff has the burden of proving that the defendant was negligent and that such negligence was a proximate cause of the defendant's own [injuries] [and] [property damage] and was therefore contributory negligence.
The defendant has the burden of proving each of the following propositions:
First, the plaintiff acted, or failed to act, in one of the ways claimed by the defendant and that in so acting, or failing to act, the plaintiff was negligent; and
Second, that the [defendant was injured] [and] [or] [defendant's property was damaged]; and
Third, that the negligence of the plaintiff was a proximate cause of the [injury to the defendant] [and] [or] [the damage to defendant's property]; and
Fourth, in defense to plaintiff's claim, defendant has the burden of proving that the plaintiff was negligent and that such negligence was a proximate cause of the plaintiff's own [injuries] [and] [property damage] and was therefore contributory negligence.
NOTE ON USE
Use this instruction for any negligence case in which there is a counterclaim arising out of the same occurrence. In such a case, the counterclaim of negligence always amounts to an affirmative defense of contributory negligence. Use bracketed material as applicable.
Use WPI 21.01 (Meaning of Burden of Proof—Preponderance of the Evidence) with this instruction. If there is a counterclaim the WPI Committee recommends using separate verdict forms for the claim of the plaintiff and the claim of the defendant.
For a case with an affirmative defense of contributory negligence but no counterclaim, use WPI 21.03 (Burden of Proof on the Issues—Contributory Negligence—No Counterclaim), instead of this instruction. If affirmative defenses other than contributory negligence are in issue, use WPI 21.05 (Burden of Proof on the Issues—Affirmative Defense Other than Contributory Negligence/Assumption of Risk). See the Note on Use to that instruction.
If the negligence of one party is admitted or there is a directed verdict leaving only the issue of the other party's liability, use WPI 23.02 (Admitted Liability or Directed Verdict—Contributory Negligence—Issues and Burden of Proof).
[Current as of September 2018.]
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