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3.6-11  Specifications of Negligence - Special Defense

Revised to January 1, 2008

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


This charge, like its counterpart pertaining to the complaint, 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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