Ill. Pattern Jury Instr. (Civil) 500.09

Defenses--Complaint and Third Party Complaint--Tried Concurrently or Consecutively to

Same Jury, or Separately to Different Jury

[Name of third par ty pl aintiff] has the burden of proving each of the following

propositions:

First, that his conduct was passive;

Second,

[Set forth those portions of the IPI burden of proof instruction which are appropriate for

the cause of action alleged against the indemnitor];

Third, that [name of third par ty defendant]'s conduc t, in one or more of the ways that I

have described to you in these instructions, was active.

[[Name of third party defendant] has asserted the affirmative defense(s) that:

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

in the third party answer which have not been withdrawn or ruled out by the court and

are supported by the evidence.)

[Name of third par ty d efendant] has the burden of proving ( this) ( these) affirmative

defense(s).]

If you find from your consideration of a ll the evidenc e th at each of the propositions

required of [na me of third par ty plaintiff] has bee n proved, [and that (none of) [na me of thir d

party defendant]'s affirmative defense(s) has (not) been proved] then your ver dict should be f or

[name of third party plaintiff].

If, on the other hand, y ou find from your consideration of all the evidence that any of the

propositions required of [na me of third party plaintiff] has not been proved, [or that ( the) (any

one of the) affirmative defense(s) of [na me of third party defendant] has been proved] then your

verdict should be for [name of third party defendant].