Indiana Code - Civil Law and Procedure - Title 34, Section 34-51-2-7

Jury instructions; single party defendant

Sec. 7. (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.

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

Last modified: May 24, 2006