Section 17 Instructions

• Library: Damages 2012

The proper instructions to be used to apportion fault in a case depends on whom fault is to be apportioned at trial.

An instruction on comparative fault is too general and amounts to
a roving commission when it fails to advise the jury what acts or omissions of the plaintiff, if found from the evidence, constitute negligence. Lear v. Norfolk & W. Ry. Co., 815 S.W.2d 12, 16 (Mo. App. W.D. 1991). A comparative fault instruction concerning the plaintiff’s fault for failing to follow the physician’s...