New Mexico Forms Library

Decision Information

Decision Content

13-918. Verdict for plaintiff; comparative negligence.

            In this case, the procedure to be followed in comparing the negligence of the parties and returning a verdict in favor of the plaintiff for a reduced amount based upon that comparison is:

(1)       Determine the full amount of all damages sustained by the plaintiff;

(2)       Determine the percentage of plaintiff's damages caused by [his] [her] own negligence and convert that percentage to dollars; and

(3)       Reduce the full amount of plaintiff's damages by that portion of the total damages caused by plaintiff's own negligence and return a verdict in favor of the plaintiff for the amount remaining.

 

USE NOTES

            If contributory negligence is not an issue, this instruction shall not be given.

[As amended, effective November 1, 1991.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.