Special Verdict Form - Example printable pdf download

13-302F. Special verdict form; examples.

EXAMPLE A

INSTRUCTION NO. ________

In this case the plaintiff seeks compensation from the defendants for damages which plaintiff

says were caused by negligence.

To establish negligence on the part of a defendant, the plaintiff has the burden of proving at

least one of the following contentions applicable to that defendant:

Defendant Richard Roe, a person in control of a motor vehicle, permitted the

vehicle to be driven or operated by John Doe when Roe knew or should have known that Doe would

be or was driving in violation of traffic ordinances.

Defendant Jane Smith authorized or permitted the motor vehicle owned by

her to be driven by Doe when she had reason to believe that Doe was under the influence of

intoxicating liquor or otherwise impaired in his ability, either mentally or physically or both, to

operate a motor vehicle.

Defendant Doe failed to stop and yield the right-of-way to plaintiff’s vehicle.

Defendant Doe was driving under the influence of intoxicating liquor.

Defendant Doe was driving carelessly and heedlessly in willful or wanton

disregard of the rights or safety of others, and without due caution in a manner so as to endanger or

be likely to endanger others.

Plaintiff has the burden of proving that such negligence was a cause of the injuries and

damages.

The defendants deny what the plaintiff says and defendants say that the failure of defendant

Doe to stop and yield the right-of-way to plaintiff’s vehicle was excused or justified, and that

plaintiff [himself] [herself] was negligent.

To establish excuse or justification, the defendants have the burden of proving Doe violated

the stop sign ordinance because the brakes on the vehicle he was driving unexpectedly and

unforeseeably failed, and Doe did that which might reasonably be expected of a person of ordinary

prudence, acting under similar circumstances, who desired to comply with the law. If proved, this

constitutes excuse or justification for what plaintiff says about Doe’s failure to stop and yield the

right-of-way to plaintiff’s vehicle.

To establish negligence of plaintiff, the defendants have the burden of proving at least one

of the following:

Plaintiff was driving at a speed in excess of the posted speed limit.

Plaintiff failed to keep a proper lookout.

The defendants have the burden of proving, that negligence of plaintiff was a cause of the

injuries and damages.

The plaintiff denies what defendants say.

Related to the above, plaintiff says and has the burden of proving that:

Misconduct of each defendant was an act which shows an utter indifference

to, or conscious disregard for, the safety of others and, therefore, punitive damages should be

awarded.

The negligence of defendant Doe was the act of an agent of either defendants

Roe or Smith, or both of them, within the scope of an agency to do a service for Roe or Smith, or

both of them.

These are denied.

SPECIAL VERDICT

Special Verdict Form - Example

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