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WPI 45.27 Special Verdict Form—Personal Injury/ Wrongful Death—Multiple Defendants—Contributory...

6 WAPRAC WPI 45.27Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 45.27 (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
B. Verdict Forms for Cases Under The Tort Reform Act
WPI 45.27 Special Verdict Form—Personal Injury/ Wrongful Death—Multiple Defendants—Contributory Negligence—“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 following negligent?
(Answer “yes” or “no” after the name of each defendant and the name of each entity not party to this action.)
ANSWER: Yes No
Defendant (name):
Defendant (name):
[Defendant (name): ]
Non-Party (identify entity):
[Non-Party (identify entity): ]
[Non-Party (identify entity): ]
(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 and non-party found negligent by you in Question 1.)
ANSWER: Yes No
Defendant (name):
Defendant (name):
[Defendant (name): ]
Non-Party (identify entity):
[Non-Party (identify entity): ]
[Non-Party (identify entity): ]
(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 and non-party 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): %]
To non-party (identify entity): %
[To non-party (identify entity): %]
[To non-party (identify entity): %]
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 to the negligence of each defendant and non-party 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 non-party: (identify entity): %
[To non-party: (identify entity): %]
[To non-party: (identify entity): %]
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 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 that discuss apportionment of damages under RCW 4.22.070.
In some cases, it may be preferable to shorten and simplify this verdict form by combining some of the questions asked. For example, Questions 1 and 2 might be combined to ask: “Was there any negligence by any of the following that was a proximate cause of [injury] [damage] to the plaintiff?” Similarly, Questions 4 and 5 might be combined as: “Was there any negligence by the plaintiff that was a proximate cause of the injury or damage to the plaintiff?”
Alternatively, Questions 1, 2, 4, and 5 might be combined into a single question as follows:
QUESTION 1:Was there any negligence by any of the following that was a proximate cause of [injury] [damage] to the plaintiff?
ANSWER: Yes No
Defendant (name):
Defendant (name):
[Defendant (name): ]
Non-Party (identify entity):
[Non-Party (identify entity): ]
[Non-Party (identify entity): ]
Plaintiff (name):
If this second alternative is used, then Question 3 would become Question 2, and Question 7 would become the third and final question.
For further discussion about simplifying the special verdict forms contained in this chapter, see WPI 45.00 (Introduction).
[Current as of September 2018.]
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