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 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. It starts:

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

        QUESTION NO. 1. Was the defendant (name) negligent, which negligence was a proximate cause of the accident?

        ANSWER: Yes ____ No ____

        QUESTION NO. 2. Was the defendant (name) negligent, which negligence was a proximate cause of the accident?

        ANSWER: Yes ____ No ____

        QUESTION NO. 3. Was the plaintiff (name) negligent, which negligence was a proximate cause of the accident?

        ANSWER: Yes ____ No ____

        If you have answered 'Yes' to either [any] of the prior questions, then answer the next question."

        At this time, if one of the parties on each side was negligent, which negligence was a proximate cause of the accident, you will be in a position to compare the negligence of those respective negligent parties.

        Question No. 4 asks you to do this. It says:

        "QUESTION NO. 4. Considering all of the negligence [, as among the parties,] that caused the accident at one hundred percent (100%), what percentage is attributable to:

        (a)    The Plaintiff (name)         _____%

        (b)    The Defendant (name)     _____%

        (c)    The Defendant (name)     _____%

                        TOTAL                   100   %"

        You will notice that the total of the percentages should add up to one hundred percent (100%), neither more nor less [; and you are, for this purpose, to consider only the negligence of those who are parties to this lawsuit]. It is for you to determine what percentage is attributable to each party.

        Next, the verdict form asks you to determine the total amount of damages sustained by each party [the plaintiff (name) and the defendant(s) (name) and (name)]. However, if you have determined that 50% or more of the negligence which caused the accident was attributable to one party, you need not assess the damages suffered by that party. These damage questions ask you:

        "QUESTION NO. 5. What is the total amount of damages sustained by the plaintiff (name) as a result of the accident?

        ANSWER: $ ____________

        QUESTION NO. 6. What is the total amount of damages sustained by the defendant (name) as a result of the accident?

        ANSWER: $ ____________

        QUESTION NO. 7. What is the total amount of damages sustained by the defendant (name) as a result of the accident?

        ANSWER: $ ____________."

        Properly to respond to these questions, you should include in your answer the monetary amount of all damages which you find from the evidence was sustained by each of the parties, except as to any party chargeable with 50% or more of the negligence that caused the accident. The court will know what to do with your figures.

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

IDJI 282A.

GIVEN ______________

REFUSED ____________

MODIFIED ___________

COVERED ____________

OTHER ______________