§ 34-51-2-8 — Jury instructions; multiple defendants

(a) This section applies to an action based on
fault that:
(1) is brought against two (2) or more defendants; and
(2) is 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 defendants, and of any person who is a nonparty.
The jury may not be informed of any immunity defense that might
be 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 defendants 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 shall then 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 each
defendant by the amount of damages determined under
subdivision (3) and shall enter a verdict against each defendant
(and such other defendants as are liable with the defendant by
reason of their relationship to a defendant) in the amount of the
product of the multiplication of each defendant's percentage of
fault times the amount of damages as determined under
subdivision (3).
[Pre-1998 Recodification Citation: 34-4-33-5(b).]

Legislative History

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