(1) When requested by any party the trier of fact shall answer special questions indicating:
- (a) The amount of damages to which a party seeking recovery would be entitled, assuming that party not to be at fault.
- (b) The degree of fault of each person specified in ORS 31.600 (2). The degree of each person’s fault so determined shall be expressed as a percentage of the total fault attributable to all persons considered by the trier of fact pursuant to ORS 31.600.
- (2) A jury shall be informed of the legal effect of its answer to the questions listed in subsection (1) of this section.
- (3) The jury shall not be informed of any settlement made by the claimant for damages arising out of the injury or death that is the subject of the action.
- (4) For the purposes of subsection (1) of this section, the court may order that two or more persons be considered a single person for the purpose of determining the degree of fault of the persons specified in ORS 31.600 (2).
[Formerly 18.480]