Ill. Pattern Jury Instr. (Civil) 500.03

Are Both Named and Charged as Tort feasors in Prime Complaint--Complaint and Claim

For Implied (Active-Passive) Indemnity Tried Concurrently

[1] In a ddition to the cla im[s] of [na me of pla intiff] against [na me of defe ndant] in this

case, [na me of count erplaintiff] cla ims he is e ntitled to inde mnity from [na me of

counterdefendant] for any sum [na me of count erplaintiff] may become liable to pay [na me of

plaintiff].

[2] [name of count erplaintiff] claims that if he is found liable to [name of pl aintiff], he,

[name of count erplaintiff], is entitled to indemnity because his liability, if any, was the result of

his passive conduct and [name of counterdefendant]'s conduct was active in causing the [injuries]

[damages] to [name of plaintiff] in one or more of the following respects:

[Set forth in simple form without undue emphasis or repe tition those allegations of the

counterclaim as to the conduct of the counte rdefendant which have not b een withdrawn

or ruled out by the court and are supported by the evidence.]

[3] [name of counterdefendant], [denies that he did any of the things claimed by [name of

counterplaintiff]] [denies that his conduct was active in causing [na me of pla intiff]'s ( injuries)

(damages)]; [denies [na me of count erplaintiff]'s conduct was pa ssive in causing [na me of

plaintiff]'s (injuries) (damages)].

[4] [name of counterdefendant] also asserts the following affirmative defense[s]:

[Set forth in simple form without undue emphasis or repe tition those affirmative defenses

in the answer to the counterc laim which have not been withdrawn or ruled out by the

court and are supported by the evidence.]

[5] [name of counterplaintiff] denies [that] [those] affirmative defense[s].