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3.5-2  Defendant's Specification of Negligence

Revised to January 1, 2008

The special defense filed by the defendant alleges a number of specific ways in which the plaintiff was negligent.  I will read these specific allegations to you shortly.  To establish that the plaintiff was negligent, it is not necessary for the defendant to prove all of these specific allegations.  The proof of any one of these specific allegations is sufficient to prove negligence.

Notes

No specific authority for this instruction has been found, although it is commonly given.  This charge presumes that specific allegations that are not sufficient to prove negligence will not be given to the jury.

 


 

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