B31.08. Damages-Wrongful Death-Contributory Fault-Decedent
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B31.08 Damages--Wrongful Death--Contributory Fault--Decedent If you find that decedent contributed to the total proximate cause of the death of the decedent you shall determine the percentage of contributory [fault] [negligence] of decedent. If you find that the contributory [fault] [negligence] of the decedent was more than 50% of the total proximate cause of the death of the decedent, then you shall enter a verdict in favor of the defendant[s]. If you find that the contributory fault of the decedent was 50% or less of the total proximate cause of the death of the decedent, then your verdict should be for the plaintiff and you will reduce damages in the manner stated in the instructions.