In this case you will return a special verdict, consisting of a series of questions which you should answer. There are individual questions about the negligence or lack of negligence of each party and other specific questions about the amount of damages. In answering each question you must be persuaded, considering all 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. It starts:

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

        "QUESTION NO. 1. Was there negligence on the part of the Defendant (name) which was a proximate cause of the accident?"

        Answer: Yes ___ No___.

        If you answered the above question "Yes," then please answer Question No. 2. If you answered the above question "No," then simply sign the verdict form and inform the bailiff that you are done.

        The verdict form continues:

        "QUESTION NO. 2. Was there negligence on the part of the Plaintiff (name) which was a proximate cause of the accident?"

        Answer: Yes ___ No___.

        If you answered "No" to Question No. 2, then you will not answer Question No. 3, but will next answer Question No. 4.

        If you answered "Yes" to both prior questions, then answer Question No. 3.

        You are now to compare the negligence of the parties. Insert in the answer to Question No. 3 the percentage of negligence you find attributable to each party. Your percentages must total 100%.

        "QUESTION NO. 3. 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 %"

        The verdict form itself guides you from this point. It says:

        "If the percentage of negligence for the Plaintiff is 50% or more, then you will not answer any further questions, but will sign the verdict."

        "If the percentage of negligence for the Plaintiff is less than 50% you will answer Question No. 4."

        Question No. 4 is your determination of the total amount of damages sustained by the Plaintiff. This question asks you:

        "QUESTION NO. 4. 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. 4 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 280A.

GIVEN ______________

REFUSED ____________

MODIFIED ___________

COVERED ____________

OTHER ______________