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3.5-3  Plaintiff's Duty of Care

Revised to January 1, 2008

I have previously instructed you that the defendant is under the obligation to exercise the care which a reasonably prudent person would use under the circumstances.  The plaintiff is also under the same obligation.  A plaintiff is negligent if the plaintiff does something which a reasonably prudent person would not have done under similar circumstances or fails to do that which a reasonably prudent person would have done under similar circumstances.


This instruction is given only if the special defense of comparative negligence is pleaded by the defendant and evidence is introduced to support such defense.


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