We the jury in this action find for the plaintiff Charlotte Mahlum and against defendant, as follows:
QUESTION 1: Do you find in favor of the plaintiff and against the defendant as to the claim of negligent performance of undertaking?
Answer "yes" or "no"
Answer Y
Proceed to the next question.
QUESTION 2: Do you find in favor of the plaintiff and against the defendant as to the claim of fraudulent concealment?
Answer "yes" or "no"
Answer Y
Proceed to the next question.
QUESTION 3: Do you find in favor of the plaintiff and against the defendant as to the claim of conspiracy to commit a fraudulent concealment?
Answer "yes" or "no"
Answer N
Proceed to the next question.
QUESTION 4: Do you find in favor of the plaintiff and against the defendant as to the claim of providing substantial assistance or encouragement to the Dow Corning Corporation in it's fraudulent misrepresentation which was a legal cause of injury to plaintiff?
Answer "yes" or "no"
Answer Y
Proceed to the next question.
QUESTION 5: Do you find in favor of the plaintiff and against the defendant as to the claim of acting in concert with or pursuant to a common design to engage in a fraudulent misrepresentation that was a legal cause of injury to plaintiff?
Answer "yes" or "no"
Answer Y
If you answered any of the above questions "yes" proceed to VERDICT FORM NO. 4 ,and VERDICT FORM NO. 5.
We, the jury in this action, having found for the plaintiff, Charlotte Mahlum, and against the defendant, assess the total amount of Charlotte Mahlum's damages at $3,953,654 broken down as follows:
Past damages.....$38,654
Future damages..$3,915,000
If you have answered YES to QUESTION NO. 1, on VERDICT FORM NO. 3, proceed to the next paragraph.
Because we, the jury, answered yes on Question 1 on Verdict Form No. 3, we make further findings as to plaintiff, Charlotte Mahlum's total damages with regard to negligence by comparing the negligence of Charlotte Mahlum and Dow Chemical Company as follows:
(1) The percentage of negligence on the part of plaintiff, if any, which was a legal cause of the plaintiff's injury was .................................................................................................10%.
(2) The percentage of negligence on the part of defendant, Dow Chemical Company which was a legal cause of the plaintiff's injury was...............................................................90%.
We the jury in this action, having found in favor of the plaintiff, Charlotte Mahlum, also find for the plaintiff, Marvin Mahlum, and against the defendant Dow Chemical Company, and assess the total amount of Marvin Mahlum's damages at $200,000.
We further find that the total amount of the plaintiff Marvin Mahlum's damages in divided into past damages and future damages as follows:
Past damages.....$0.
Future damages..$200,000.
Having found for the plaintiff and against the defendant on the claims of fraudulent concealment, providing substantial assistance of encouragement to the Dow Corning Corporation in its fraudulent misrepresentation, and the claim of acting in concert with or pursuant to a common design to engage in a fraudulent misrepresentation, you must now answer a further question for the parties.
The question will be, do you find by clear and convincing evidence that Dow Chemical Company acted with conscious disregard of the rights or safety of others when it was aware of the probable dangerous consequences of its conduct and willfully and deliberately failed to avoid those consequences?
We the jury in this action find by clear and convincing evidence the following;
Did Dow Chemical Company act with conscious disregard of the safety of others when it was aware of the probable dangerous consequences of its conduct and willfully and deliberately failed to avoid those consequences;
