WPI 41.01 Two or More Plaintiffs—Separate Claims

Use this instruction in cases in which multiple plaintiffs make separate individual claims.

Washington law and procedure contemplates the potential for joinder of multiple plaintiffs and defendants in the same trial, where the litigation arises out of the same event or subject matter. Where multiple parties and causes of action are joined for trial, care must be taken to avoid the potential for confusion of parties and issues, while at the same time providing instruction on the law as appropriate.

There is no Washington authority precluding use of the term “plaintiff” or “defendant” in lieu of use of the individual names of parties in a jury instruction. A trial court has broad discretion in determining the wording of jury instructions. In re Taylor-Rose, 199 Wn.App. 866, 880, 401 P.3d 357 (2017).

Use of generic references to “plaintiff” or “defendant” in lieu of or in addition to use of individual names of the parties may provide ease of reference and avoid repetition while facilitating understanding and gender neutrality. Giving this instruction eliminates the need for repeating the instructions for each plaintiff. However, care needs to be taken in multiple party cases to use specific instructions as may be required when instructing on the law that may be applicable to a particular plaintiff's claims or damages.

When plaintiffs are married or are registered domestic partners. While WPI 41.01 applies to all cases involving multiple plaintiffs, often the plaintiffs in such cases are married, or may be domestic partners. Marital community laws are set forth in RCW Chapter 26.16. Presumably, the same principles that apply to marital communities would also apply to state registered domestic partnerships. See, e.g., RCW 26.60.015 (expressing legislative intent that state registered domestic partners shall be treated the same as married spouses for all purposes under state law).

RCW 26.60.015 provides that state registered domestic partners shall be treated the same as married spouses for all purposes under state law. RCW 4.22.020 provides that the contributory fault of one spouse or one domestic partner shall not be imputed to the other spouse or other domestic partner or the minor child of the spouse or domestic partner to diminish recovery in an action by the other spouse or other domestic partner or the minor child of the spouse or other domestic partner, or his or her legal representative, to recover damages caused by fault resulting in death or in injury to the person or property, whether separate or community, of the spouse or domestic partner.

RCW 4.08.030 provides that either spouse or either domestic partner may sue on behalf of the community. RCW 4.08.040 provides that either spouse or either domestic partner may join in all causes of action arising from injuries to the person or character of either or both of them, or from injuries to the property of either or both of them or arising out of any contract in favor of either or both of them.

In an action for personal injuries, the spouse or domestic partner who sustained personal injuries is a necessary party. RCW 4.08.030(1). When the action is for compensation for services rendered, the spouse or domestic partner who rendered the services is a necessary party. RCW 4.08.030(2). Brown v. Brown, 100 Wn.2d 729, 675 P.2d 1207 (1984), held that recovery for an injury inflicted upon a married person by a third-party tortfeasor is the separate property of the injured spouse, except to the extent the recovery compensates the community for lost wages which would have been community property, or injury-related expenses that the community incurred.