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3.6-10  Specifications of Negligence - Complaint

Revised to January 1, 2008

The complaint filed by the plaintiff alleges a number of specific ways in which the defendant was negligent.  To prove negligence, it is not necessary for the plaintiff to prove that the defendant was negligent in all of the ways claimed.  Proof that the defendant was negligent in just one of the ways claimed is sufficient to prove negligence.

Notes

No specific authority for this instruction has been found, although it is commonly given.  A separate instruction is given for special defenses.  This charge presumes that specific allegations that are not sufficient to prove negligence will not be given to the jury.  The allegations that "survive the cut" should be read to the jury.
 


 

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