Last updated: 6/3/2014
600.06. Burden of Proof-Apportionment of Resp.-3rd Pty Complaint Tried Submitted Concurrently or Consecutively Same Jury
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Description
600.06 Burden of Proof--Apportionment of Responsibility--Third Party Complaint Tried and Submitted Concurrently or Consecutively to the Same Jury As to the claim of [_______________] against [_______________], [_______________] has the burden of proving each of the following propositions: First, that [_______________] acted or failed to act in one of the ways claimed in these instructions, and that in so acting, or failing to act, [_______________] was negligent; Second, that the negligence of [_______________] was a proximate cause of [_______________]'s [injuries] [and] [damages]. If you find from your consideration of all the evidence that both of these propositions have been proved, then your verdict should be for [_______________] and against [_______________], and you should include [_______________] in [any] [the] apportionment of damages. If, on the other hand, you find from your consideration of all the evidence that either one or both of these propositions has not been proved, then your verdict should be for [_______________] and you will have no occasion to consider the apportionment of damages against [_______________].