Home Table of Contents

WPI45.26Special Verdict Form—Personal Injury/ Wrongful Death—Multiple Defendants—Contributory N...

6 WAPRAC WPI 45.26Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 45.26 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
July 2019 Update
Washington State Supreme Court Committee on Jury Instructions
Part V. Multiple Parties and Pleadings—Forms of Verdicts
Chapter 45. Forms of Verdicts
B. Verdict Forms for Cases Under The Tort Reform Act
WPI 45.26 Special Verdict Form—Personal Injury/ Wrongful Death—Multiple Defendants—Contributory Negligence—No “Empty Chairs”
(Insert caption. See WPI 45.21.)
We, the jury, answer the questions submitted by the court as follows:
QUESTION 1:Were any of the defendants negligent?
(Answer “yes” or “no” after the name of each defendant.)
ANSWER: Yes No
Defendant (name):
Defendant (name):
[Defendant (name): ]
(DIRECTION: If you answered “no” to Question 1 as to each defendant, sign this verdict form. If you answered “yes” to Question 1 as to any defendant, answer Question 2.)
QUESTION 2:Was such negligence a proximate cause of [injury] [damage] to the plaintiff?
(Answer “yes” or “no” after the name of each defendant found negligent by you in Question 1.)
ANSWER: Yes No
Defendant (name):
Defendant (name):
[Defendant (name): ]
(DIRECTION: If you answered “no” to Question 2 as to all defendants, sign this verdict form. If you answered “yes” to Question 2 as to any defendant, answer Question 3.)
QUESTION 3:What do you find to be the plaintiff's amount of damages? (Do not consider the issue of contributory negligence, if any, in your answer.)
ANSWER: $
(DIRECTION: If you answered Question 3 with any amount of money, answer Question 4. If you found no damages in Question 3, sign this verdict form.)
QUESTION 4:Was the plaintiff also negligent?
ANSWER: (Write “yes” or “no”)
(DIRECTION: If you answered “no” to Question 4, skip Question 5 and answer Question 6. If you answered “yes” to Question 4, answer Question 5.)
QUESTION 5:Was the plaintiff's negligence a proximate cause of the injury or damage to the plaintiff?
ANSWER: (Write “yes” or “no”)
(DIRECTION: If you answered “no” to Question 5, answer Question 6. If you answered “yes” to Question 5, skip Question 6 and answer Question 7.)
QUESTION 6:Assume that 100% represents the total combined negligence that proximately caused the plaintiff's [injury] [damage]. What percentage of this 100% is attributable to each defendant whose negligence was found by you in Question 2 to have been a proximate cause of the [injury] [damage] to the plaintiff? Your total must equal 100%.
ANSWER:
To defendant (name): %
To defendant (name): %
[To defendant (name): %]
TOTAL: 100%
QUESTION 7:Assume that 100% represents the total combined fault that proximately caused the plaintiff's [injury] [damage]. What percentage of this 100% is attributable negligence of each defendant whose negligence was found by you in Question 2 to have been a proximate cause of the [injury] [damage] to the plaintiff, and what percentage of this 100% is attributable to the plaintiff's negligence? Your total must equal 100%.
ANSWER:
To defendant (name): %
To defendant (name): %
[To defendant (name): %]
To plaintiff (name): %
TOTAL: 100%
(DIRECTION: Sign this verdict form and notify the bailiff.).
DATE:
Presiding Juror
NOTE ON USE
Use this verdict form for personal injury or wrongful death actions if there are multiple defendants, there is an issue of contributory negligence, and there are no other entities that have been identified as allegedly being at fault for the plaintiff's damages.
Question 3 in this special verdict form does not separate any particular elements of damages. If the parties need to have the jury separately itemize damages, such as for past economic, future economic, and noneconomic damages, then refer to WPI 45.20 (Special Verdict Form—Personal Injury/Wrongful Death—Single Defendant—No Contributory Negligence—No “Empty Chairs”—Separate Damage Elements) and that instruction's Note on Use and Comment.
Use WPI 1.11 (Concluding Instruction—For Special Verdict Form) and WPI 21.03 (Burden of Proof on the Issues—Contributory Negligence—No Counterclaim) with this verdict form. Use WPI 11.01 (Contributory Negligence—Definition) and WPI 11.07 (Determining the Degree of Contributory Negligence) with this verdict form.
If there is an issue of implied reasonable or implied unreasonable assumption of risk, use this form, without a separate instruction regarding assumption of risk. See the Comments to WPI 13.01 (Assumption of Risk—Implied Unreasonable) and WPI 13.02 (Assumption of Risk—Implied Reasonable). If there is an issue of express assumption of risk, or of implied primary assumption of risk, this form will apply only to a course of conduct or activity for which the jury finds the plaintiff has not assumed the risk. See WPI Chapter 13 for the appropriate assumption of risk instructions to be used with this verdict form.
Use WPI 41.04 (Fault to be Apportioned) with this verdict form.
Use bracketed material as applicable.
COMMENT
RCW 4.22.070(1) and RCW 4.56.260.
See the Comments to WPI 45.20 (General Verdict Forms—Personal Injury/Wrongful Death—Single Defendant—No Contributory Negligence—No “Empty Chairs”—Separate Damage Elements) and WPI 45.21 (Special Verdict Form—Personal Injury/Wrongful Death—Single Defendant—No Contributory Negligence—“Empty Chairs”).
See the Comment to WPI 41.04 (Fault to be Apportioned) for cases discussing apportionment of damages under RCW 4.22.070.
[Current as of September 2018.]
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.