Ill. Pattern Jury Instr. (Civil) 600.10

has the burden of proving each of the following propositions:

First, that acted or failed to act in one of the ways claimed in these instructions, and

that in so acting, or failing to act, was negligent;

Second, that the negligence of was a proximate cause of [the injury to] [and]

[the damage to 's property][;][.]

[Third, that the payment made was in reasonable anticipation of liability to .]

[has the burden of proving the aff irmative defense(s) that:

(Concisely state any affirmative defenses.)]

If you find from your consideration of a ll the evidence that each of the propositions

required of has been proved [and that none of the affirmative defenses has been pr oved]

[and that the af firmative defense has not been proved], then your verdict should be f or

you should apportion damages.

and

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

propositions required of has not been proved, [or that any one of the affirmative defenses

has been proved,] [or that the affirmative defense has been proved,] then your verdict should be

for and you will have no occasion to consider the apportionment of damages.

Notes and Comment revised January 2010.