§ 34-51-2-7 — Jury instructions; single party defendant

Indiana § 34-51-2-7

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 51: DAMAGES
• Ch. 2: Compensatory Damages: Comparative Fault

Text

(a) This section applies to an action based on
fault that is:
(1) brought against one (1) defendant or two (2) or more
defendants who may be treated as a single party; and
(2) tried to a jury.
(b) The court, unless all the parties agree otherwise, shall instruct
the jury to determine its verdict in the following manner:
(1) The jury shall determine the percentage of fault of the
claimant, of the defendant, and of any person who is a nonparty.
The jury may not be informed of any immunity defense that is
available to a nonparty. In assessing percentage of fault, the jury
shall consider the fault of all persons who caused or contributed
to cause the alleged injury, death, or damage to property, tangible
or intangible, regardless of whether the person was or could have
been named as a party. The percentage of fault of parties to the
action may total less than one hundred percent (100%) if the jury
finds that fault contributing to cause the claimant's loss has also
come from a nonparty or nonparties.
(2) If the percentage of fault of the claimant is greater than fifty
percent (50%) of the total fault involved in the incident which
caused the claimant's death, injury, or property damage, the jury
shall return a verdict for the defendant and no further deliberation
of the jury is required.
(3) If the percentage of fault of the claimant is not greater than
fifty percent (50%) of the total fault, the jury then shall determine
the total amount of damages the claimant would be entitled to
recover if contributory fault were disregarded.
(4) The jury next shall multiply the percentage of fault of the
defendant by the amount of damages determined under
subdivision (3) and shall then enter a verdict for the claimant in
the amount of the product of that multiplication.
[Pre-1998 Recodification Citation: 34-4-33-5(a).]

Legislative History

As added by P.L.1-1998, SEC.47.