500.02. Definition-Active Conduct-Passive Conduct

500.02 Definition--"Active Conduct"--"Passive Conduct" When I say that [name of third party plaintiff] claims that [name of third party defendant]'s conduct was "active," I mean he claims [name of third party defendant]'s conduct was the significant cause of [name of plaintiff]'s injury and that [name of third party defendant] thereby caused [name of third party plaintiff] to be liable to [name of plaintiff] When I say that [name of third party plaintiff] claims that his conduct was passive, I mean he claims that his conduct was different from, and minor or technical when compared to, that of [name of third party defendant] and that he was exposed to liability to [name of plaintiff] primarily because of [name of third party defendant]'s conduct. The difference in the conduct of the parties must be a difference in quality or nature, rather than in quantity.