500.09. Burden of Proof on Issues-All Causes of Action-Affirm. Defenses-Complaint and 3rd Party Complaint-Same or Diff. Jury

500.09 Burden of Proof on the Issues--All Causes of Action--Affirmative Defenses--Complaint and Third Party Complaint--Tried Concurrently or Consecutively to Same Jury, or Separately to Different Jury [Name of third party plaintiff] has the burden of proving each of the following propositions: First, that his conduct was passive; Second, [set forth those portions of the IPI burden of proof instruction which are appropriate for the cause of action alleged against the indemnitor]; Third, that [name of third party defendant]'s conduct, in one or more of the ways that I have described to you in these instructions, was active. [[Name of third party defendant] has asserted the affirmative defense[s] that: [Set forth in simple form without undue emphasis or repetition those affirmative defenses in the third party answer which have not been withdrawn or ruled out by the court and are supported by the evidence.] [Name of third party defendant] has the burden of proving [this] [these] affirmative defense[s].] If you find from your consideration of all the evidence that each of the propositions required of [name of third party plaintiff] has been proved, [and that [none of] [name of third party defendant]'s affirmative defense[s] has [not] been proved] then your verdict should be for [name of third party plaintiff]. If, on the other hand, you find from your consideration of all the evidence that any of the propositions required of [name of third party plaintiff] has not been proved, [or that [the] [any one of the] affirmative defense[s] of [name of third party defendant] has been proved] then your verdict should be for [name of third party defendant].