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 _____

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

        ANSWER: Yes _____ No _____

        If you have answered any of the above questions 'Yes,' then please answer the next two questions. If you have answered the questions 'No,' you will not answer the remaining questions, but will simply sign the verdict."

        Thus, you will notice that if you should find that there was no negligence on the part of one or more of the defendants which was a proximate cause of the accident, then you will simply sign the verdict and inform the bailiff that you have a verdict. But if you find that there was negligence on the part of one or more of the defendants which was a proximate cause of the accident, then you go on. The verdict form continues:

        "QUESTION NO. 3. Was there negligence on the part of (insert name or description of party if unidentified) which was a proximate cause of the accident?

        ANSWER: Yes _____ No _____

        QUESTION NO. 4. Was there negligence on the part of the plaintiff (name) which was a proximate cause of the accident?

        ANSWER: Yes _____ No _____

        If you answered 'Yes' to one but not both of Question Nos. 1 and 2, and 'No' to Question No. 4, you should not answer Question No. 5, but will next answer Question No. 6."

        You are now to compare the negligence of the parties.

        "If you answered 'No' to any of the preceding questions, then insert a zero (0) in the answer to the appropriate line in Question No. 5. If you answered any of the preceding questions 'Yes,' insert in the appropriate line in the answer to Question No. 5 the percentage of negligence you find attributable to that party. Your percentages must total 100%."

        The form continues:

        "QUESTION NO. 5. We find the parties contributed to the cause of the accident in the following percentages:

        (a)    The plaintiff (name)         _____%

        (b)    The defendant (name)     _____%

        (c)    The defendant (name)     _____%

        (d)    The nonparty                 _____%

                        TOTAL                  100   %"

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

        "If the percentage of causation for the plaintiff is equal to or greater than the negligence attributed to each defendant, then you will not answer Question No. 6, but will sign the verdict. If the percentage of negligence attributed to the plaintiff is less than the percentage of negligence attributed to any defendant, then you will answer Question No. 6."

        Question No. 6 is your determination of the total amount of damages sustained by the plaintiff. This question asks you:

        "QUESTION NO. 6. 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. 6 the total amount of all monetary damages which you find from the evidence was sustained by the plaintiff.

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

IDJI 283A.

GIVEN ______________

REFUSED ____________

MODIFIED ___________

COVERED ____________

OTHER ______________