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WPI 45.02 Special Verdict Form—Contributory Negligence—Single Defendant

6 WAPRAC WPI 45.02Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 45.02 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part V. Multiple Parties and Pleadings—Forms of Verdicts
Chapter 45. Forms of Verdicts
A. Simple Verdict Forms
WPI 45.02 Special Verdict Form—Contributory Negligence—Single Defendant
IN THE [SUPERIOR] [DISTRICT] COURT OF THE STATE OF WASHINGTON FOR COUNTY
,
Plaintiff,
No.
vs.SPECIAL
,VERDICT FORM
Defendant.
We, the jury, answer the questions submitted by the court as follows:
QUESTION 1:Was there negligence by the defendant that was a proximate cause of injury or damage to the plaintiff?
ANSWER: (Write “yes” or “no”)
(DIRECTION: If you answered “no” to Question 1, sign this verdict. If you answered “yes” to Question 1, answer Question 2 and Question 3.)
QUESTION 2:What is the total amount of the plaintiff's damages?
ANSWER: $
QUESTION 3:Was there negligence by the plaintiff that was a proximate cause of the injury or damage to the plaintiff?
ANSWER: (Write “yes” or “no”)
(DIRECTION: If you answered “no” to Question 3, sign this verdict form. If you answered “yes” to Question 3, answer Question 4.)
QUESTION 4:Assume that 100% represents the total combined negligence that proximately caused the plaintiff's [injury] [damage]. What percentage of the parties' negligence is attributable to the plaintiff?
ANSWER: %
(DIRECTION: Sign this verdict form and notify the bailiff.)
DATE:
Presiding Juror
NOTE ON USE
This special verdict form may be used as an alternative to WPI 45.22 (Special Verdict Form—Personal Injury/Wrongful Death—Single Defendant—Contributory Negligence—No “Empty Chairs”) for any case involving a single defendant in which contributory negligence is in issue. The court will apply the percentage of plaintiff's negligence (Answer No. 4) to the total of plaintiff's damages (Answer No. 2), reduce the total damages by that product, and enter judgment accordingly. Use this special verdict form with WPI 1.11 (Concluding Instruction—For Special Verdict Form) and with WPI 21.03 (Burden of Proof on the Issues—Contributory Negligence—No Counterclaim). Use WPI 11.01 (Contributory Negligence—Definition) and WPI 11.07 (Determining the Degree of Contributory Negligence) with this verdict form.
In a wrongful death case in which the contributory negligence of a decedent is in issue, the word “plaintiff” in this special verdict form and the word “parties” in Question 4 are inappropriate and the questions will have to be modified. The WPI Committee recommends using the name of the decedent and making semantic changes accordingly. Question 3, for example, might begin: “Was there negligence by John Jones that was a proximate cause of …,” while Question 4 might conclude: “… what percentage of the negligence of the defendant and John Jones is attributable to John Jones?”
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.
COMMENT
See the Comment to WPI 1.11 (Concluding Instruction—For Special Verdict Form).
See the Comment to WPI 30.01.01 (Measure of Economic and Noneconomic Damages—Personal and Property—No Contributory Negligence) in connection with revising the verdict form to set forth separately the items of damage claimed by each spouse and the marital community.
[Current as of September 2018.]
End of Document