WPI 45.01.01 General Verdict Forms—Single Plaintiff and Multiple Defendants

These verdict forms apply generally to civil actions for damages.

For cases governed by the Tort Reform Act, these forms may be used as alternatives to 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”).

Use these Verdict Forms A, B, and C for a case with a single plaintiff and multiple defendants if one or more of the defendants may have negligently concurred in causing plaintiff's injury or damage. If contributory negligence is not in issue, use these verdict forms along with the concluding instruction in WPI 1.08 and WPI 1.10. For cases involving multiple plaintiffs and multiple defendants, use separate Verdict Forms A, B, and C for each plaintiff. See Note on Use to WPI 45.01.02 (General Verdict Forms—Multiple Plaintiffs and Single Defendant).

These general verdict forms are optional for a case in which contributory negligence is in issue. The preferable option is to use a special verdict form from WPI 45.02 (Special Verdict Form—Contributory Negligence—Single Defendant) and adapt it for multiple defendants. See the Notes on Use and Comments to WPI 45.01 (General Verdict Forms—Single Plaintiff and Defendant) and WPI 45.02 (Special Verdict Form—Contributory Negligence—Single Defendant) for further discussion.

The concluding instruction should be adapted from WPI 1.08 (Concluding Instruction—For General Verdict Form), giving specialized instruction stating the alternatives available to the jury and pointing out that omission of a defendant's name means a verdict for that defendant as to the plaintiff.

If a defendant may be liable only if a co-defendant is also liable, such as a principal sued under respondent superior, do not use these verdict forms. In such a case, use WPI 45.01 (General Verdict Forms—Single Plaintiff and Defendant) and change the word defendant to defendants.

If separate elements of damages are needed, see WPI 45.20 (General Verdict Forms—Personal Injury/Wrongful Death—Single Defendant—No Contributory Negligence—No “Empty Chairs”—Separate Damage Elements), and the corresponding Comment.

In Bickelhaupt v. Inland Motor Freight, 191 Wash. 467, 71 P.2d 403 (1937), the court held that a verdict against only one defendant, and silent as to other defendants, has the effect of a verdict in favor of the defendants not named.