UJI 13-1802E. Successive tortfeasors; divisibility of injury is submitted to the jury.

In this case, if you find that __________________ (one or more original tortfeasors) negligently caused injury to the plaintiff and ________________ (one or more successive tortfeasors) negligently caused injury to the plaintiff, then you will need to decide whether the plaintiff’s injuries are divisible; or, in other words, whether the negligence of ____________________: Alternative A: the ___________________ (successive tortfeasors) caused a separate injury or made the original injury measurably worse. Alternative B: the ________________ (original tortfeasor(s)) caused an injury that is separate, in nature or extent, from the injury(ies) caused by _______________ (the successive tortfeasors). If you find that the plaintiff’s injuries are not divisible, then you will compare the negligence of all parties you find to be responsible for the injuries and each defendant will be responsible for its proportionate share of the plaintiff’s damages. If you find that the plaintiff suffered divisible injuries, then you will compare the negligence of each person whose [negligence/fault] contributed to ________________ (the first injury) and then compare the negligence of each person whose [negligence/fault] contributed to _________________ (the second injury). _____________ says that the plaintiff received injuries caused by [____________ (the original tortfeasor or tortfeasors)] [_________________ (the successive tortfeasor or tortfeasors)] that are distinct from injuries caused by [_________________ (the original tortfeasor or tortfeasors)] _____________ therefore bears the burden of proving, by the greater weight of the evidence, both that the plaintiff received [an original injury] [a second injury] that is separate and distinct from [a second injury or from enhanced injuries] [the original injury] and the amount of damages and injuries from the separate injuries.