20.01.01. Issues Made By The Pleadings-Negligence and Willful and Wanton Counts

20.01.01 Issues Made by the Pleadings--Negligence and Willful and Wanton Counts [1] The plaintiff's complaint consists of two counts. The issues to be decided by you under Count I of the complaint are as follows: [2] The plaintiff claims that he was injured and sustained damage and that the defendant was negligent in one or more of the following respects: [Set forth in simple form without undue emphasis or repetition those allegations of the complaint as to negligence which have not been withdrawn or ruled out by the court and are supported by the evidence.] [3] The plaintiff further claims that one or more of the foregoing was a proximate cause of his injuries. [4] The defendant [denies that he did any of the things claimed by the plaintiff,] denies that he was negligent [in doing any of the things claimed by the plaintiff] [and denies that any claimed act or omission on the defendant's part was a proximate cause of the plaintiff's claimed injuries]. [5] The defendant claims that the plaintiff was contributorily negligent [in one or more of the following respects]: [Set forth in simple form without undue emphasis or repetition those allegations of the answer as to the plaintiff's contributory negligence which have not been withdrawn or ruled out by the court and are supported by the evidence.] [6] The defendant further claims that one or more of the foregoing was [a] [the sole] proximate cause of the plaintiff's injuries. [7] The plaintiff [denies that he did any of the things claimed by defendant,] denies that he was negligent [in doing any of the things claimed by defendant,] [to the extent claimed by defendant,] [and denies that any claimed act or omission on his part was a proximate cause of his claimed injuries]. [8] [The defendant also sets up the following affirmative defense(s): Defendant [Defendant C] claims [here set forth in simple form without undue emphasis or repetition those affirmative defenses in the answer which have not been withdrawn or ruled out by the court and are supported by the evidence].] [9] The plaintiff denies that [summarize affirmative defense(s)]. [10] [The defendant further denies that the plaintiff was injured or sustained damages [to the extent claimed].] [11] Turning now to Count II of the complaint the issues to be decided by you under that Count are as follows: [12] The plaintiff claims that he was injured and sustained damage and that the conduct of the defendant was willful and wanton in one or more of the following respects: [Set forth in simple form without undue emphasis or repetition those allegations of the complaint as to willful and wanton conduct which have not been withdrawn or ruled out by the court and are supported by the evidence.] [13] The plaintiff further claims that one or more of the foregoing was a proximate cause of his injuries. [14] The defendant [denies that he did any of the things claimed by the plaintiff,] denies that he was willful and wanton [in doing any of the things claimed by the plaintiff,] [denies that any claimed act or omission on the defendant's part was a proximate cause of the plaintiff's claimed injuries]. [15] [The defendant claims that the plaintiff was contributorily willful and wanton [in one or more of the following respects]: [Set forth in simple form without undue emphasis or repetition those allegations of the answer as to the plaintiff's contributory willful and wanton conduct which have not been withdrawn or ruled out by the court and are supported by the evidence.]] [16] [The defendant further claims that one or more of the foregoing was [a] [the sole] proximate cause of the plaintiff's injuries.] [17] The plaintiff [denies that he did any of the things claimed by defendant,] [denies that he was willful and wanton] [in doing any of the things claimed by defendant,] [to the extent claimed by defendant,] [and denies that any claimed act or omission on his part was a proximate cause of his claimed injuries]. [18] [The defendant also sets up the following affirmative defense(s): [Set forth in simple form without undue emphasis or repetition those affirmative defenses in the answer which have not been withdrawn or ruled out by the court and are supported by evidence].] [19] [The plaintiff denies that [summarize affirmative defense(s)].] [20] The defendant further denies that the plaintiff was injured or sustained damages [to the extent claimed].