Ill. Pattern Jury Instr. (Civil) 150.11

Intoxicated Person--Tavern Operator and Property Owner Both Sued

[In this lawsuit] [In Count ,] plaintiff [(name)] claims [(name)] is entitled to recover

damages from the defendant. The plaintiff must prove:

First, [(name of in toxicated person)] was intoxicated at the time of the [(e.g., collision)].

Second, the defendant [(tavern operator)], or his ag ents or servants, sold or gave

intoxicating liquors consumed by [(name of intoxicated person)].

Third, the liquor thus consumed caused the intoxication of [(name of intoxicated

person)].

Fourth, [(intoxicated person)] intoxication was at least one cause of [(injured person)]'s

[injury] [death].

Fifth, as a result of the occurrence, [(plaintiff's name )] [one or more of the following:

[(names of real parties in interest)]] [has] [have] suffered [injury] [to (his) (their) means of

support] [damage to his property].

In his case against the defendant [name of property owner], the plaintiff has the burden of

proving all of the foregoing propositions and also must prove the further propositions that the

defendant [name of proper ty owne r] [either] [owned], [rented], [l eased] [or] [permitted the

occupation of] the premises knowing that alcoholic liquors were to be sold there [or] [alt hough

(owning), (renting), (leasing) (or) (permitting the occupation of) the premises for purposes other

than selling alcoholic liquors, knowingly permitted them to be sold there].

Note

s on Use

This instruction sets forth the elements in a cause of action for injury to means of support

or loss of society by the intoxication of a person.

The instruction should be given with IPI 150.07 if the owner and seller are sued jointly.

The ins truction should be g iven with IPI 150.10 if the owner is sued alone. IPI 31.11

(defining loss of society) should be g iven if that is the loss claimed. Appropria te effect of

findings instruction and a concluding paragraph are also required.