150.04. Dram Shop Act-Issue-Burden of Proof-Loss of Means of Support or Society

150.04 Dram Shop Act--Issue/Burden of Proof--Loss of Means of Support or Society [In this lawsuit] [In Count _____,] plaintiff [name of plaintiff] claims [name] is entitled to recover damages from the defendant. The plaintiff must prove: First, [name of allegedly intoxicated person] was intoxicated at the time of the [e.g., collision]. Second, the defendant, his agents or servants, sold or gave intoxicating liquor consumed by [name of allegedly intoxicated person]. Third, the liquor thus consumed caused the intoxication of [name of allegedly intoxicated person]. Fourth, [name of allegedly intoxicated person]'s intoxication was at least one cause of the [injury] [death] of [injured person]. Fifth, as a result of the occurrence, [name of plaintiff] [names of real parties in interest]] [has] [have] suffered [injury to [his] [their] [means of support] [a loss of society]. If you find from your consideration of all the evidence that each of these propositions has been proved, then your verdict should be for the plaintiff. But if, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved, then your verdict should be for the defendant. Instruction revised May 2009.