![[Contents]](../icons/rule_toc.gif){kind=icon}
(Title of Court and Cause)
SPECIAL VERDICT
We, the jury in the above entitled action, find the following Special Verdict on the questions submitted to us:
Question No. 1: Was there a [defect in manufacture] [defect in design] [a failure to warn defect] of the product involved as to [any of] the [following] defendant[s]?
Answer "yes" or "no" after the name of [the] [each] defendant.
Yes No
Answer: Defendant _______________ _____ _____
[Defendant _______________ _____ _____
[Defendant _______________ _____ _____
If you answer "no" as to [the] [each] defendant, sign and return this verdict. If you answer "yes" as to [one or more] defendant[s], then answer the next question only as to such defendant[s].
Question No. 2: [As to each defendant that you answered "yes" in Question No. 1,] did the defect exist when it left the possession of such defendant?
Answer "yes" or "no" after the name of [each] such defendant.
Yes No
Answer: Defendant _______________ _____ _____
[Defendant _______________ _____ _____
[Defendant _______________ _____ _____
If you answer "no" as to [all] defendant[s], sign and return this verdict. If you answer "yes" as to [one or more] defendant[s] as to both Questions No. 1 and No. 2, then answer the next question.
Question No. 3: [As to each defendant that you answered "yes" to both Questions No. 1 and No. 2,] was the defect a cause of injury to plaintiff?
Answer "yes" or "no" after the name of [each] such defendant.
Yes No
Answer: Defendant _______________ _____ _____
[Defendant _______________ _____ _____
[Defendant _______________ _____ _____
If you answer "no" as to [all] defendant[s], sign and return this verdict. If you answer "yes" as to [one or more] defendant[s] as to Questions No. 1, No. 2, and No. 3, then answer the next question.
Question No. 4: [As to each defendant that you answered "yes" to Questions No. 1, No. 2 and No. 3,] was plaintiff's injury caused by a use of the product that was reasonably foreseeable by [such] defendant?
Answer "yes" or "no" after the name of [each] such defendant.
Yes No
Answer: Defendant _______________ _____ _____
[Defendant _______________ _____ _____
[Defendant _______________ _____ _____
If you answer "no" as to [all] defendant[s], sign and return this verdict. If you answer "yes" as to [one or more] defendant[s] as to Question No. 4, then answer the next question.
Question No. 5: Was there comparative fault on the part of plaintiff?
Answer "yes" or "no".
Answer: __________
If you answer Question No. 5 "no," do not answer Question No. 6. Instead proceed directly to Question No. 7. If you answer Question No. 5 "yes," then answer Question No. 6.
Question No. 6: Did the comparative fault of plaintiff contribute as a cause to plaintiff's [injury] [damage]?
Answer "yes" or "no".
Answer: __________
Question No. 7: Without taking into consideration the reduction of damages due to the comparative fault of the plaintiff, if any, what do you find to be the total amount of damages, including economic and non-economic damages, if any, suffered by the plaintiff and caused by the defective product [manufactured] [sold] by the defendant[s]?
Answer: (a) Economic Damages $__________
(b) Non-Economic Damages $__________
TOTAL $__________
If you find "no damage", sign and return this verdict. If you have found a dollar amount in response to Question No. 7, then answer Question No. 8.
Question No. 8: Assuming that 100% represents the total causes of the plaintiff's [injury] [damage], what percentage of this 100% is attributable to the comparative fault of the plaintiff and what percentage of this 100% is attributable to the [negligence] [and] [fault] [and] [wrongful conduct] of the defendant[s] [and all other persons]?
Answer: To plaintiff ______________ __________%
[To plaintiff ______________ __________%]
To defendant ______________ __________%
[To defendant ______________ __________%]
[Other person ______________ __________%]
(Identify)
[Other person ______________ __________%]
(Identify)
TOTAL __________%
Dated: _______________
____________________ Foreperson
(Title of Court and Cause)
SPECIAL VERDICT
We, the jury in the above entitled action, find the following Special Verdict on the questions submitted to us:
Question No. 1: Was there a [defect in manufacture] [or] [a defect in design] of the product involved as to [any of] the [following] defendant[s]?
Answer "yes" or "no" after the name of [the] [each] defendant.
Yes No
Answer: Defendant __________________ ______ ______
[Defendant _________________ ______ ______]
[Defendant _________________ ______ ______]
If you answer "no" as to [the] [each] defendant, answer Question No. 5. If you answer "yes" as to [one or more] defendant[s], then answer the next question only as to such defendant[s].
Question No. 2: [As to each defendant that you answered "yes" in Question No. 1,] did the defect exist when it left the possession of such defendant?
Answer "yes" or "no" after the name of [each] such defendant.
Yes No
Answer: Defendant __________________ ______ ______
[Defendant _________________ ______ ______
[Defendant _________________ ______ ______
If you answer "no" as to [all] defendant[s], answer Question No. 5. If you answer "yes" as to [one or more] defendant[s] as to both Questions No. 1 and No. 2, then answer the next question.
Question No. 3: [As to each defendant that you answered "yes" to both Questions No. 1 and No. 2,] was the defect a cause of injury to plaintiff?
Answer "yes" or "no" after the name of [each] such defendant.
Yes No
Answer: Defendant __________________ ______ ______
[Defendant _________________ ______ ______
[Defendant _________________ ______ ______
If you answer "no" as to [all] defendant[s], sign and return this verdict. If you answer "yes" as to [one or more] defendant[s] to Questions No. 1, No. 2, and No. 3, then answer the next question.
Question No. 4: [As to each defendant that you answered "yes" in Questions No. 1, No. 2 and No. 3,] was plaintiff's injury caused by a use of the product that was reasonably foreseeable by [such] defendant?
Answer "yes" or "no" after the name or [each] such defendant.
Yes No
Answer: Defendant __________________ ______ ______
[Defendant _________________ ______ ______
[Defendant _________________ ______ ______
Question No. 5: Was any defendant negligent?
Answer "yes" or "no" after the name of [the] [each] defendant.
Yes No
Answer: Defendant __________________ ______ ______
[Defendant _________________ ______ ______
[Defendant _________________ ______ ______
If you answer Question No. 5 "no" as to [all] defendant[s], and you have answered "no" to any of Questions 1, 2, 3 or 4 as to [all] defendant[s], sign and return this verdict. If you answer Question No. 5 "yes" as to [any] defendant, then answer Question No. 6. If you answer Question No. 4 "yes" and Question No. 5 "no," answer Question No. 7.
Question No. 6: Was the negligence of defendant[s] a cause of [injury] [damage] to plaintiff?
Answer "yes" or "no" after the name of [the] [each] defendant.
Yes No
Answer: Defendant __________________ ______ ______
[Defendant _________________ ______ ______
[Defendant _________________ ______ ______
If you have answered either Question No. 1, 2, 3 or 4 "no" and have answered either Question No. 5 or 6 "no" [as to any defendant], sign and return this verdict as to that defendant. If you answer either Question 1, 2, 3 or 4 or Question No. 5 or 6 "yes" [as to any defendant], then proceed to the next question.
Question No. 7: Was there comparative fault on the part of plaintiff?
Answer "yes" or "no".
Answer: ____________
If you answer Question No. 7 "no", proceed directly to Question No. 9 and return this verdict. If you answer Question No. 7 "yes", then answer Question No. 8.
Question No. 8: Did the comparative fault of plaintiff contribute as a cause to plaintiff's [injury] [damage]?
Answer "yes" or "no".
Answer: ____________
Question No. 9: Without taking into consideration the reduction of damages due to the comparative fault of the plaintiff, if any, what do you find to be the total amount of damages, including economic and non-economic damages, if any, suffered by the plaintiff and caused by the defective product [manufactured] [sold] by the defendant[s]?
Answer (a) Economic Damages $ _______
(b) Non-Economic Damages $ _______
TOTAL $ _______
If you answered "no damage", sign and return this verdict.
If you have found a dollar amount in response to Question No. 9, then answer Question No. 10.
Don't FORM OF SPECIAL VERDICT--NEGLIGENCE AND PRODUCTS LIABILITY--COMPARATIVE FAULT Page 6
Question No. 10: Assuming that 100% represents the total causes of the plaintiff's [injury] [damage], what percentage of this 100% is attributable to the comparative fault of the plaintiff and what percentage of this 100% is attributable to the defendant[s] [and all other persons]?
Answer: To plaintiff _____________________ _______%
[To plaintiff ____________________ _______%]
To defendant _____________________ _______%
[To defendant ____________________ _______%]
[Other person ____________________ _______%]
(Identify)
[Other person ______________ ______ _______%]
(Identify)
TOTAL _______%
Dated: ___________
_________________________
Foreperson | TOP |
(Title of Court and Cause)
SPECIAL VERDICT
We, the jury in the above entitled action, find the following Special Verdict on the questions submitted to us:
Question No. 1: Was there a [defect in manufacture] [a defect in design] of the product involved as to [any of] the [following] defendant[s]?
Answer "yes" or "no" after the name of [the] [each] defendant.
Yes No
Answer: Defendant _______________ _____ _____
[Defendant ______________ _____ _____
[Defendant ______________ _____ _____
If you answer "no" as to [the] [each] defendant, sign and return this verdict. If you answer "yes" as to [one or more] defendant[s], then answer the next question only as to such defendant[s].
Question No. 2: [As to each defendant that you answered "yes" in Question No. 1,] did the defect exist when it left the possession of such defendant?
Answer "yes" or "no" after the name of [each] such defendant.
Yes No
Answer: Defendant _______________ _____ _____
[Defendant ______________ _____ _____
[Defendant ______________ _____ _____
If you answer "no" as to [all] defendant[s], sign and return this verdict. If you answer "yes" as to [one or more] defendant[s] as to both Questions No. 1 and No. 2, then answer the next question.
Question No. 3: [As to each defendant that you answered "yes" to both Questions No. 1 and No. 2,] was the defect a cause of injury to plaintiff?
Answer "yes" or "no" after the name of [each] such defendant.
Yes No
Answer: Defendant _______________ _____ _____
[Defendant ______________ _____ _____
[Defendant ______________ _____ _____]
If you answer "no" as to [all] defendant[s], sign and return this verdict. If you answer "yes" as to [one or more] defendant[s] to Questions No. 1, No. 2, and No. 3, then answer the next question.
Question No. 4: [As to each defendant that you answered "yes" to Questions No. 1, No. 2 and No.3,] was plaintiff's injury caused by a use of the product that was reasonably foreseeable by [such] defendant?
Answer "yes" or "no" after the name of [each] such defendant.
Yes No
Answer: Defendant _______________ _____ _____
[Defendant ______________ _____ _____
[Defendant ______________ _____ _____
If you answer "no" as to [all] defendant[s], sign and return this verdict. If you answer "yes" as to [one or more] defendant[s] as to Question No. 4, then answer the next question.
Question No. 5: Without taking into consideration the reduction of damages due to the comparative fault of the plaintiff, if any, what do you find to be the total amount of damages, including economic and non-economic damages, if any, suffered by the plaintiff and caused by the defective product [manufactured] [sold] by the defendant[s]?
Answer: (a) Economic Damages $__________
(b) Non-Economic Damages $__________
TOTAL $___________
If you answer "no damage", sign and return this verdict. If you have found a dollar amount in response to Question No. 5, then answer Question No. 6.
Question No. 6: Was there comparative fault on the part of the plaintiff?
Answer "yes" or "no".
Answer: __________.
If you answer Question No. 6 "yes", then answer Question No. 7.
If you answer Question No. 6 "no", do not answer Question No. 7 but answer Question No. 8.
Question No. 7: Did the comparative fault of the plaintiff contribute as a cause of the injury?
Answer "yes" or "no".
Answer: __________.
If you answer "yes" as to [one or more] defendant[s] as to Question No. 4, then answer the next question.
Question No. 8: Assuming that 100% represents the total causes of the plaintiff's [injury] [damage], what percentage of this 100% is attributable to the comparative fault of the plaintiff and what percentage of this 100% is attributable to the defendant[s] [and all other persons]?
Answer: To plaintiff _______________ __________%
[To plaintiff ______________ __________%
To defendant _______________ __________%
[To defendant ______________ __________%
[Other person ______________ __________%]
(identify)
[Other person ______________ __________%]
(identify)
TOTAL __________%
DATED: _______________
____________________
Foreperson | TOP |
(Title of Court and Cause)
SPECIAL VERDICT
We, the jury in the above entitled action, find the following special verdict on the following questions submitted to us:
Question No. 1: Did the defendant expressly warrant to the plaintiff that the __________ (product) would __________ (warranty)?
Answer "yes" or "no".
Answer: __________
Question No. 2: Did the defendant impliedly warrant that the __________ (product) would be fit for the purpose of __________ (purpose)?
Answer "yes" or "no".
Answer: __________
If you answer Questions No. 1 and No. 2 "no", sign and return this verdict. If you answer either Question No. 1 or No. 2 "yes", then answer the next question.
Question No. 3: Was the __________ (product) fit for the
the purpose of __________ (purpose)?
Answer "yes" or "no".
Answer: __________
If you answer Question No. 3 "yes", sign and return this verdict. If you answer Question No. 3 "no", then answer the next question.
Question No. 4: Was the unfitness of the __________ (product) a cause of injury to the plaintiff?
Answer "yes" or "no".
Answer: __________
If you answer Question No. 4 "no", sign and return this verdict. If you answer Question No. 4 "yes", then answer the next question.
Question No. 5: At the time of injury was the plaintiff using the __________ (product) in a reasonable manner appropriate to the purpose for which it was intended?
Answer "yes" or "no".
Answer: __________
If you answer Question No. 5 "no", sign and return this verdict. If you answer Questions No. 4 and No. 5 "yes", then answer the next question.
Question No. 6: Did the plaintiff give notice to the defendant of a breach of warranty within a reasonable time after the plaintiff knew or should have known that the __________ (product) was not fit for the purpose of __________ (purpose)?
Answer "yes" or "no".
Answer: __________
If you answer Question No. 6 "no", sign and return this verdict.
(Here follow with damage questions.)
Dated:
________________________
Foreperson | TOP |
Title of Court and Cause)
SPECIAL VERDICT
We, the jury in the above entitled action, find the following special verdict on the following questions submitted to us:
Question No. 1: Was the defendant negligent?
Answer "yes" or "no".
Answer: __________.
If you answer Question No. 1 "no", sign, date and return this verdict. If you answer Question No. 1 "yes", then answer the next question.
Question No. 2: Was such negligence a cause of injury to plaintiff?
Answer "yes" or "no".
Answer: __________.
If you answer Question No. 2 "no", sign, date and return this verdict. If you answer Question No. 2 "yes", then answer Question No. 3.
Question No. 3: Without taking into consideration the question of reduction of damages due to the negligence of the plaintiff, if any, what do you find to be the total amount of damages suffered by the plaintiff and caused in whole or in part from the negligence of the defendant?
Answer: $__________.
Answer the next question.
Question No. 4: Was the plaintiff negligent?
Answer "yes" or "no".
Answer: __________.
If you answer Question No. 4 "no", sign, date and return this verdict. If you answer Question No. 4 "yes", then answer Question No. 5.
Question No. 5: Was the negligence of plaintiff a cause of [his] [her] injury?
Answer "yes" or "no".
Answer: __________.
Dated:
________________________
Foreperson | TOP |
(Title of Court and Cause)
SPECIAL VERDICT
We, the jury in the above entitled action, find the following special verdict on the following questions submitted to us:
Question No. 1: Did the defendant violate the Federal Safety Appliance Act?
Answer "yes" or "no".
Answer: ___________
If you answer Question No. 1 "no", sign and return this verdict. If you answer Question No. 1 "yes", then answer the next question.
Question No. 2: Did the violation of the Federal Safety Appliance Act by defendant contribute in any way or manner to plaintiff's injury?
Answer "yes" or "no".
Answer: ___________
If you answer Question No. 2 "no", sign and return this verdict. If you answer Question No. 2 "yes", then answer the next question.
Question No. 3: What is the total amount of damages suffered by the plaintiff and caused by a violation of such Safety Appliance Act?
Answer: $ ___________
Dated:
________________________
Foreperson | TOP |