“Indemnitee claims that he is/was required to pay [e.g., “a court judgment in favor of Plaintiff”] and that Indemnitor must reimburse Indemnitee based on Indemnitor’s share of responsibility. In order for Indemnitee to recover from Indemnitor, Indemnitee must prove both of the following: 1. That Indemnitor was negligent/[other underlying tort]]; and 2. That Indemnitor’s negligence/[ tortious conduct] contributed as a substantial factor in causing Plaintiff’s harm.
Indemnitor claims that Indemnitee and [others] contributed as a substantial factor in causing Plaintiff’s harm. To succeed, Indemnitor must prove both of the following: 1. That Indemnitee and [others] was/were negligent/[other basis of responsibility]; and 2. That Indemnitee [and] [others] contributed as a substantial factor in causing Plaintiff’s harm. You will be asked to determine the percentages of responsibility of Indemnitor [,and] [Indemnitee[, and] all other persons responsible] for Plaintiff’s harm.”
[CACI Jury Instructions [citations omitted]]
