Ill. Pattern Jury Instr. (Civil) 500.07

Tortfeasor in Prime Complaint--Separate or Third Party Complaint for Implied

(Active-Passive) Indemnity--Tried Consecutively to Same Jury

[1] You have returned a verdict requiring [name of defendant] to pay a sum of money to

[name of pla intiff]. [Name of third par ty or counterplaintiff] now s eeks indemnity for that sum

from [name of third party or counterdefendant].

[2] [Set for th those portions of the IP I issues instructions which support the indemnitee's

allegation(s) that the indemnitor was a tortfeasor who injured the prime plaintiff.]

[3] [Name of thir d party or count erplaintiff] claims that he is e ntitled to inde mnity

because his liability was the result of his pa ssive conduct and [na me of third par ty or

counterdefendant]'s conduct was active in causing the [injuries] [damages] to [name of plaintiff].

[4] [Name of third party or counterdefendant]

[Set forth indemnitor'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 or counterdefendant] denies that his conduct was active in causing

[name of plaintiff]'s (injuries) (damages)].

[[Name of third par ty or count erdefendant] denies that [na me of third par ty or

counterplaintiff]'s liability was passive in causing [name of plaintiff]'s (injuries) (damages)].

[5] [Na me of third par ty or count erdefendant] a lso a sserts the following affirmative

defense[s]:

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

in the indemnitor's answer which have not been withdrawn or ruled out by the court and

are supported by the evidence.]

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