CJI-Civ. 14:20

For the plaintiff, (name), to recover from the defendant, (name), on (insert applicable

pronoun) claim of negligence in (manufacturing) (packaging) (bottling) (placing upon the

market) a (package of food) (bottle of beverage) for human consumption, you must find all

of the following have been proved by a preponderance of the evidence:

1. The defendant (manufactured) (packaged) (bottled) (placed upon the market) the

product for human consumption;

2. The plaintiff was one of those persons the defendant should reasonably have

expected to (use) (consume) (or) (be affected by) the product;

3. Because of negligence of the defendant the (package) (bottle) contained a foreign

substance when it left the possession of the defendant;

4. The plaintiff (ate) (drank) the (food) (beverage) with the foreign substance in it;

and

5. The (eating) (drinking) of the (food) (beverage) caused the plaintiff (injuries)

(damages) (losses).

If you find that any one or more of these (number) statements has not been proved,

then your verdict must be for the defendant.

On the other hand, if you find that all of these (number) statements have been

proved, (then your verdict must be for the plaintiff) (then you must consider the

defendant’s affirmative defense(s) of [insert any affirmative defense that would be a complete

defense to plaintiff’s claim]).

If you find that (this affirmative defense has) (any one or more of these affirmative

defenses have) been proved by a preponderance of the evidence, then your verdict must be

for the defendant.

However, if you find that (this affirmative defense has not) (none of these

affirmative defenses have) been proved, then your verdict must be for the plaintiff.