In this case you will return a special verdict, consisting of a series of questions which you should answer. You must answer each question unless the form instructs you differently, and you must answer the questions in numerical order. There are individual questions about the claims and defenses asserted by the parties in this action. There are also questions concerning the cause of the accident and the amount of damages. In answering each question, you must be persuaded, considering all of the evidence in the case, that your choice of answers is more probably true than not true. Since the explanations on the form which you will have are part of my instructions to you, I will read the verdict form to you and explain it. Section I of the form relates to claims asserted by the plaintiff. The form starts:

        "We, the jury, answer the questions submitted to us in the special verdict as follows:

"SECTION I

        You must answer all questions in this section.

        QUESTION NO. 1. Was defendant (name) negligent in connection with the (product name)? 

        ANSWER: Yes_____ No_____

        QUESTION NO. 2. Was the (product name) manufactured [or sold] by defendant (name) in a defective condition unreasonably dangerous to a person or property?

        ANSWER: Yes_____ No_____

        QUESTION NO. 3. Did defendant (name) breach any express warranties in connection with the (product name)?

        ANSWER: Yes_____ No_____

        QUESTION NO. 4. Did defendant (name) breach any implied warranty of merchantability in connection with the (product name)? 

        ANSWER: Yes_____ No_____

        QUESTION NO. 5. Did defendant (name) breach any implied warranty of fitness for a particular purpose in connection with the (product name)? 

        ANSWER: Yes_____ No_____

        If you answered 'No' to each question in this section , then sign the verdict form and inform the bailiff that you are done. If you answered 'Yes' to one or more of the questions in this section, you must answer all of the other questions to which the form directs you."

        If at any time in the course of your deliberations, the form instructs you to sign the verdict and inform the bailiff that you are done, you are to do so at once without answering any of the other questions on the form. Thus, if you answered "No" to each of Question Nos. 1 through 5, you will not answer any of the other questions on the form.

        Section II of the form concerns one of the defenses raised by the defendant. It reads:

"SECTION II

        You must answer Question No. 6 in this section only if you answered "Yes" to one or more of Question Nos. 1 through 5 of Section I.

        QUESTION NO. 6. Did defendant (name) exercise reasonable care in his sale of the product? 

        ANSWER: Yes _____ No_____

        If you answered 'Yes' to this question, then sign the verdict form and inform the bailiff that you are done. If you answered 'No' to this question, you must answer all of the other questions to which the form directs you."

        Section III of this form concerns a different defense raised by the defendant. The form itself tells you whether to answer this question. It reads:

"SECTION III

        You must answer Question No. 7 in this section only if you answered 'Yes' to either Question Nos. 4 or 5 of Section I.

        QUESTION NO. 7. Did plaintiff (name) fail to examine the product?

        ANSWER: Yes_____ No_____

        You must answer all of the other questions to which the form directs you."

        Thus, if you answered Question Nos. 4 and 5 "No," you should not answer Question No. 7 in Section III, but should go on to Section IV. Section IV concerns the cause of the accident. You should answer only those questions in Section IV to which the form directs you. You should not answer any of the other questions in Section IV at any time during your deliberations. The form reads:

"SECTION IV

        You must answer only those questions in this section to which you are directed by the instructions in this section. You should not answer any questions to which you are not directed.

        You must answer Question No. 8 only if you answered Question No. 1 'Yes' and Question No. 6 'No.'

        QUESTION NO. 8. Was the negligence of defendant (name) a proximate cause of the accident? 

        ANSWER: Yes_____ No_____

        You must answer Question No. 9 only if you answered Question No. 2 'Yes' and Question No. 6 'No.'

        QUESTION NO. 9. Was the unreasonably dangerous defective condition of the (product name) a proximate cause of the accident?

        ANSWER: Yes_____ No_____

        You must answer Question No. 10 only if you answered Question No. 3 'Yes' and Question No. 6 'No.'

        QUESTION NO. 10. Was the breach of express warranty by defendant (name) a proximate cause of the accident?

        ANSWER: Yes_____ No_____

        You must answer Question No. 11 only if you answered Question No. 4 'Yes' and Question Nos. 6 and 7 'No.'

        QUESTION NO. 11. Was the breach of implied warranty of merchantability by defendant (name) a proximate cause of the accident? 

        ANSWER: Yes_____ No_____

        You must answer Question No. 12 only if you answered Question No. 5 'Yes' and Question Nos. 6 and 7 'No.'

        QUESTION NO. 12. Was the breach of implied warranty of fitness for a particular purpose a proximate cause of the accident? 

        ANSWER: Yes_____ No_____

        If you answered 'No' to each question in this section to which you were directed by the form, then sign the verdict form and inform the bailiff that you are done. If you answered 'Yes' to one or more of the questions in this section to which you were directed, you must answer all of the other questions to which the form directs you."

        Section V concerns additional defenses asserted by the defendant. As noted on the form, you will concern yourselves with this section only if you answered "Yes" to one or more of the questions in Section IV. Once again, at no time during your deliberations should you answer any question to which the form does not direct you.

        The form continues:

"SECTION V

        You will answer the questions in this section only if you answered 'Yes' to one or more of Question Nos. 8, 9, 10, 11 and 12. If you answered 'No' to all of those questions to which you were directed, you should not answer any of the questions in this section.

        QUESTION NO. 13. Did plaintiff (name) misuse the (product name)?

        ANSWER: Yes_____ No_____

        If you answered Question No. 13 'Yes,' then please answer Question No. 14. If you answered Question No. 13 'No,' then you will not answer Question No. 14, but will next answer Question No. 15.

        QUESTION NO. 14. Was the misuse of the product by plaintiff (name) a proximate cause of the accident?

        ANSWER: Yes_____ No_____

        QUESTION NO. 15. Did plaintiff (name) assume the risk of the accident?

        ANSWER: Yes_____ No_____

        If you answered Question No. 15 'Yes,' then please answer Question No. 16. If you answered Question No. 15 'No,' then you will not answer Question No. 16, but will next answer question No. 17.

        QUESTION NO. 16. Was the assumption of the risk by plaintiff (name) a proximate cause of the accident?

        ANSWER: Yes_____ No_____

        QUESTION NO. 17. Was the (product name) altered by plaintiff (name) after it left the hands of defendant (name)?

        ANSWER: Yes_____ No_____

        If you answered Question No. 17 'Yes,' then please answer Question No. 18. If you answered Question No. 17 'No,' then you will not answer Question No. 18, but will next answer Question No. 19.

        QUESTION NO. 18. Was the alteration of the product a proximate cause of the accident? 

        ANSWER: Yes_____ No_____

        QUESTION NO. 19. Did plaintiff (name) fail to observe the condition which injured him? 

        ANSWER: Yes_____ No_____

        If you answered Question No. 19 'Yes,' then please answer Question No. 20. If you answered Question No. 19 'No,' then you will not answer Question No. 20, but will go on to Section VI.

        QUESTION NO. 20. Was the failure to observe by plaintiff (name) a proximate cause of the accident?

        ANSWER: Yes_____ No_____"

        You are now to compare the extent to which the conduct of plaintiff and defendant caused the accident. The form reads:

"SECTION VI

        You will answer Question No. 21 of this section only if you answered one or more of Question Nos. 14, 16, 18 and 20 'Yes.' If you answered all of those questions 'No,' then you will not answer Question No. 21, but will next answer Question No. 22.

        QUESTION NO. 21. We find that the parties contributed to the cause of the accident in the following percentages:

        (a)     The plaintiff (name)         _____%

        (b)     The defendant (name)     _____%

                                Total                 100   %"

        Insert in the answer to Question No. 21 the percentage of causation you find attributable to each party. Your percentages must total 100%. The form itself guides you from this point. It reads:

        "If the percentage of causation for the plaintiff is 50% or more, then you will not answer Question No. 22, but will simply sign the verdict form and inform the bailiff that you are done.

        If the percentage of causation for the plaintiff is less than 50%, you will then answer Question No. 22.

        QUESTION NO. 22. What is the total amount of damages sustained by the plaintiff (name) as a result of the accident?

        ANSWER: $__________."

        You should include in your answer to Question No. 22 the total amount of all monetary damages which you find from the evidence was sustained by the plaintiff.

        Finally, you should sign the verdict form as explained in another instruction.

IDJI 1025A.

REFUSED ____________

MODIFIED ___________

COVERED ____________

OTHER ______________