401.17 BURDEN OF PROOF ON PRELIMINARY ISSUES

If the greater weight of the evidence does not support (claimant’s) claim on [this issue] [these issues], that (describe preliminary issue), then your verdict on the claim of (claimant) *[because of the claimed negligence of (name)] should be for (defendant).

However, if the greater weight of the evidence supports the claim of (claimant) on [this issue] [these issues], that (describe preliminary issue), then you shall decide the other issues on (claimant’s) claim.

NOTES ON USE FOR 401.17

1. Give instruction 401.17 if instructing the jury on any preliminary issues from instructions 401.14, 401.15 or 401.16.

2. If there are multiple defendants, this instruction will have to be modified to account for the issues related to each defendant.

3. *There is no need to give that portion of the instruction contained within brackets unless the case involves multiple defendants or the claimant makes an alternative claim not predicated on simple negligence. In such a case it is necessary to distinguish between different claims or a claim of negligence from the other claim.