150.02. Dram Shop Act-Issue-Burden of Proof

150.02 Dram Shop Act--Issue/Burden of Proof [In this lawsuit] [In Count ___,] plaintiff [name of plaintiff] claims [he/she] 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 employees, 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 occurrence in question. Fifth, as a result of the occurrence, plaintiff suffered [injury] [damage to his property]. 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.