Jury instructions; multiple defendants
(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).
As added by P.L.1-1998, SEC.47.
Last modified: May 24, 2006