CACI No. 3800

[Name of indemnitee] claims that [he/she/ nonbinary pronoun] [is/was]

required to pay [describe liability, e.g., “a court judgment in favor of [name

of plaintiff]”] and that [name of indemnitor] must reimburse [name of

indemnitee] based on [name of indemnitor]’s share of responsibility. In

order for [name of indemnitee] to recover from [name of indemnitor],

[name of indemnitee] must prove both of the following:

1. That [name of indemnitor] [was negligent/[describe underlying

tort]]; and

2. That [name of indemnitor]’s [negligence/[describe tortious conduct]]

contributed as a substantial factor in causing [name of plaintiff]’s

harm.

[[Name of indemnitor] claims that [name of indemnitee] [and] [insert

identification of others] contributed as [a] substantial factor[s] in causing

[name of plaintiff]’s harm. To succeed, [name of indemnitor] must prove

both of the following:

1. That [name of indemnitee] [and] [insert identification of others]

[[was/were] negligent/[other basis of responsibility]]; and

2. That [name of indemnitee] [and] [insert identification of others]

contributed as [a] substantial factor[s] in causing [name of

plaintiff]’s harm.

Y ou will be asked to determine the percentages of responsibility of [name

of indemnitor] [,/ and] [[name of indemnitee][, and] all other persons

responsible] for [name of plaintiff]’s harm.]

New September 2003; Revised May 2020