35.14 [1998 Revision] Illustrations(Comparative Fault(Head(On Collision(Two Defendants

Instruction No 1 35.14 [1998 Revision] CollisionCTwo Defendants IllustrationsCComparative FaultCHeadBOn Vehicles driven by defendant John Host, and defendant, Robert Hitter, had a head-on collision on a two-lane highway. Plaintiff Harry Hurt was a passenger in Host's auto. Plaintiff claims Host failed to keep a careful lookout. Plaintiff claims defendant Hitter was on the wrong side of the highway. Both defendants claim plaintiff was negligent in failing to warn Host. Plaintiff has received serious personal injuries. Instruction Number 1 (Same as MAI 2.01) Instruction Number 2 (See MAI 2.03 (1980 New)) As you remember, the court gave you a general instruction before the presentation of any evidence in this case. The court will not repeat that instruction at this time. However, that instruction and the additional instructions, to be given to you now, constitute the law of this case, and each such instruction is equally binding upon you. You should consider each instruction in light of and in harmony with the other instructions, and you should apply the instructions as a whole to the evidence. The order in which the instructions are given is no indication of their relative importance. All of the instructions are in writing and will be available to you in the jury room. Instruction Number 3 (See MAI 2.02 (1980 Revision)) In returning your verdict, you will form beliefs as to the facts. The court does not mean to assume as true any fact referred to in these instructions but leaves it to you to determine what the facts are. Instruction No. 4 (See MAI 3.01 (1998 Revision)) In these instructions, you are told that your verdict depends on whether or not you believe certain propositions of fact submitted to you. The burden is upon the party who relies upon any such proposition to cause you to believe that such proposition is more likely to be true than not true. In determining whether or not you believe any proposition, you must consider only the evidence and the reasonable inferences derived from the evidence. If the evidence in the case does not cause you to believe a particular proposition submitted, then you cannot return a verdict requiring belief of that proposition. Instruction Number 5 (See MAI 11.08 (1996 Revision)) The term "negligent" or "negligence" as applied to the driver of a motor vehicle means the failure to use that degree of care that a very careful person would use under the same or similar circumstances. The term "negligent" or "negligence" as applied to a passenger in a motor vehicle means the failure to use that degree of care that an ordinarily careful person would use under the same or similar circumstances. Instruction Number 6 (See MAI 2.04 (1981 Revision)) The verdict form included in these instructions contains directions for completion and will allow you to return the permissible verdict in this case. Nine or more of you must agree in order to return any verdict. A verdict must be signed by each juror who agrees to it. Instruction Number 7 (See MAI 37.01 (1986 New), 17.01 (1980 Revision), 17.13 (1978 Revision), 19.01 (1986 Revision) (First Option)) In your verdict you must assess a percentage of fault to defendant Hitter whether or not plaintiff was partly at fault if you believe: First, defendant Hitter's automobile was on the wrong side of the road, and Second, Defendant Hitter was thereby negligent, and Third, such negligence directly caused or directly contributed to cause damage to plaintiff. Instruction Number 8 (See MAI 37.04 (1986 New), 33.03(1) (1995 Revision)) In your verdict you must not assess a percentage of fault to defendant Hitter unless you believe defendant Hitter's automobile was on the wrong side of the road. Instruction Number 9 (See MAI 37.01 (1986 New), 17.01 (1980 Revision), 17.05 (1965 New), 19.01 (1986 Revision) (First Option)) In your verdict you must assess a percentage of fault to defendant Host whether or not plaintiff was partly at fault if you believe: First, defendant Host failed to keep a careful lookout, and Second, defendant Host was thereby negligent, and Third, such negligence directly caused or directly contributed to cause damage to plaintiff. Instruction Number 10 Revision)) (See MAI 37.04 (1986 New), 33.03(1) (1995 In your verdict you must not assess a percentage of fault to defendant Host unless you believe defendant Host failed to keep a careful lookout. Instruction Number 11 Revision)) (See MAI 37.02 (1986 New), 32.02 (1991 In your verdict you must assess a percentage of fault to plaintiff, whether or not either defendant was partly at fault, if you believe: First, plaintiff knew he was in immediate danger, and Second, plaintiff thereafter had time to warn defendant Host and failed to do so, and Third, plaintiff was thereby negligent, and Fourth, such negligence directly caused or directly contributed to cause any damage plaintiff may have sustained. Instruction Number 12 Revision)) (See MAI 37.04 (1986 New), 33.03(2) (1995 In your verdict you must not assess a percentage of fault to plaintiff unless you believe plaintiff was negligent as submitted in Instruction Number 11. Instruction Number 13 (See MAI 37.03 (1986 New)) If you assess a percentage of fault to any defendant, then, disregarding any fault on the part of plaintiff, you must determine the total amount of plaintiff's damages to be such sum as will fairly and justly compensate plaintiff for any damages you believe he sustained and is reasonably certain to sustain in the future that the collision directly caused or directly contributed to cause. You must state such total amount of plaintiff's damages in your verdict. In determining the total amount of plaintiff's damages you must not reduce such damages by any percentage of fault you may assess to plaintiff. The judge will compute plaintiff's recovery by reducing the amount you find as plaintiff's total damages by any percentage of fault you assess to plaintiff. VERDICT A (MAI 37.07, modified) Note: Complete the following paragraph by filling in the blanks as required by your verdict. If you assess a percentage of fault to any of those listed below, write in a percentage not greater than 100%, otherwise write in "zero" next to that name. If you assess a percentage of fault to any of those listed below, the total of such percentages must be 100%. On the claim of plaintiff John Hurt for personal injury, we, the undersigned jurors, assess percentages of fault as follows: Defendant Hitter Defendant Host P