199x NDJI-CIVIL xxxx

COMPARATIVE FAULT

This case is governed by North Dakota's Comparative Fault Act. Under that law, it is your duty to determine and compare all of the "fault" that was a "proximate cause" of the injury for which Plaintiff seeks to recover damages. The terms "fault" and "proximate cause" have particular legal meanings and are defined for you in these instructions. In evaluating the evidence in this case, you will be asked to allocate, on a percentage basis, the "fault" of all persons that was a proximate cause" of the injury. It doe not matter whether or not they are a party to this lawsuit. You will be receiving a Special Verdict Form in which you will answer certain questions. One of the questions that you will be asked to answer involves the allocation of "fault," if any, on a percentage basis, between Plaintiff, the Defendants, and/or any other persons that you find were at "fault" in causing the incident or the injury.

* * * * *

NDCC 32-03.2-02

Zueger v. Carlson, 542 NW2d 92 (ND 1996)

Stewart v. Ryan, 520 NW2d 39 (ND 1994)

Day v. GMC, 345 NW2d 349 (ND 1984)

COPYRIGHT 199x SBAND