McGrew v. City of Jackson, Mississippi, 307 F. Supp. 754 (S.D.)

IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI

PLAINTIFF

VS. NO.

AND DEFENDANTS

INSTRUCTION NO.

The Court instructs the jury that if you find from a preponderance of the evidence in this case that:

1. Any defendant(s) was negligent, and
2. , plaintiff, was negligent, and
3. the negligence of both said defendant(s) and plaintiff were proximate contributing causes of the injury in this case, and
4. if you find from a preponderance of the evidence that the plaintiff sustained injuries and damages caused by the combined causal negligence of said defendant(s) and plaintiff, then you will, in arriving at your verdict, determine that sum of money which will fairly and adequately compensate plaintiff for said injuries and damages, and reduce this sum in proportion to the causal negligence attributed to plaintiff, using the following method:

1. determine the proportion that the negligence of plaintiff, bears to the causal negligence as a whole, as a part or percentage of 100% (100% total causal negligence of both actors in case);
2. multiply the sum of money determined as damages by the percentage figure representing the proportion of plaintiff's causal negligence;
3. subtract the result of your multiplication from the sum you first determined to be damages of plaintiff; and
4. return your verdict for the damages remaining after you have reduced them in proportion to the causal negligence of the plaintiff, .

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