Ill. Pattern Jury Instr. (Civil) 500.04

a Tort feasor in Prime Complaint--Complaint and Claim for Imp lied (A ctive-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, [name of third par ty plaintiff] claims he is entitled to indemnity from [name of third party

defendant] for a ny sum [na me of third par ty pla intiff] may become liable to pa y [name of

plaintiff].

[2] [Set forth those portions of the IPI issues instruction which are appropriate to the

indemnitee's allegation(s) that the indemnitor was a tortfeasor who injured the prime

plaintiff.]

[3] [Name of third par ty plaintiff] claims that if he is found liable to [name of pla intiff],

he [na me of third par ty plaintiff], is e ntitled to indemnity because his liability, if any, was the

result of his pa ssive conduct and [na me of third party defendant]'s conduct was active in causing

the [injury] [damages] to [name of plaintiff].

[4] [Name of third party defendant]

[Set forth the inde mnitor's denial that he did the things charged, that his conduct was

tortious and that that conduct proximately caused injury to the plaintiff.]

[[Name of third par ty defendant] denies that his conduct was active in causing [name of

plaintiff]'s (injury) (damage)].

[[Name of third par ty defendant] denies that [name of third par ty plaintiff]'s conduct wa s

passive in causing [name of plaintiff]'s (injury) (damage)].

[5] [Name of third party defendant] also asserts the following affirmative defense[s]:

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

defense(s) in that third party answer which have not been withdrawn or ruled out by the

court and are supported by the evidence.]

[6] [Name of third party plaintiff] denies [that] [those] affirmative defense[s].