Section 19.72 MAI 19.01

• Library: Tort Law 2016

10. (§19.72) MAI 19.01

If a comparative fault instruction is modified by the language of MAI 19.01 [1986 Revision], the verdict director must use the same modifying language or the instructions will be inconsistent, and in this case warranted the granting of a new trial based on plain error review. Bean v. Superior Bowen Asphalt Co., 340 S.W.3d 275, 278 (Mo. App. W.D. 2011). The opinion includes the full text of the instruction at issue. There is no error from such an inconsistency, however, when the jury assesses 100% fault to the plaintiff because the jury would not need to then consider the inconsistent comparative...