Last updated: 4/13/2015
600.10. Burden of Proof-Contribution Following Settlement
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Description
600.10 Burden of Proof--Contribution Following Settlement [_______________] 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 [the injury to [_____________]] [and] [the damage to [______________]'s property][;][.] [Third, that the payment [________________] made was in reasonable anticipation of liability to [______________].] [[________________] has the burden of proving the affirmative defense(s) that: [Concisely state any affirmative defenses.]] If you find from your consideration of all the evidence that each of the propositions required of [________________] has been proved [and that none of the affirmative defenses has been proved] [and that the affirmative defense has not been proved], then your verdict should be for [________________] and you should apportion damages. If, on the other hand, you find from your consideration of all the evidence that any of the propositions required of [________________] has not been proved, [or that any one of the affirmative defenses has been proved,] [or that the affirmative defense has been proved,] then your verdict should be for [________________] and you will have no occasion to consider the apportionment of damages.