150.17. Dram Shop Act-Affirmative Defense-Complicity

150.17 Dram Shop Act--Affirmative Defense--Complicity [In this lawsuit] [In Count ___,] the defendant claims the plaintiff should not recover because of plaintiff's conduct in causing [name of allegedly intoxicated person]'s intoxication. To establish this defense the defendant must prove the plaintiff actively contributed to or procured the intoxication of [name of allegedly intoxicated person]. If you find the plaintiff actively contributed to or procured the intoxication of [name of allegedly intoxicated person], then your verdict should be for the defendant. Instruction revised May 2009.