Ill. Pattern Jury Instr. (Civil) 128.02

If you find from your consideration of all of the evidence that any of these propositions

has not been proved, then your verdict shall be for the defendant. On the other hand, if you find

from your consideration of all the evidence that each of these propositions has been proved, then

you must consider the defendant's claim that the plaintiff was contributorily negligent.

In order to reduce or deny plaintiff damages, the defendant has the burden of proving

each of the following:

First, that plaintiff [plaintiff's name] failed to exercise ordinary care [for (his/her) own

safety] [for the safety of (his/her) property] in one or more of the following ways:

a) ________,

b) ________,

c) ________,

Second, plaintiff's failure to exercise ordinary care was a proxi mate cause of

plaintiff['s][s'] [injury] [and] [damage].

If you find that the defendant has not proved both of the propositions required of the

defendant, then your verdict should be for the plaintiff and you will not reduce plaintiff's

damages. You should use Verdict form A.

If you find that the defendant has proved both of the propositions required of the

defendant, and if you find that the plaintiff's contributory negligence was more than 50% of the

total proximate cause of the [injury] [and] [damage] for which recovery is sought, then your

verdict should be for the defendant. You should use Verdict form C.

If you find that the plaintiff has proved all the propositions required of the plaintiff and

that the defendant has proved both of the propositions required of the defendant, and if you find

that the plaintiff's contributory negligence was 50% or less of the total proximate cause of the

[injury] [and] [damage] for which recovery is sought, then your verdict should be for the plaintiff

and you will reduce the plaintiff's damages in the manner stated to you in these instructions. You

should use Verdict form B.

Instruction revised April 2007.