“Indemnitee claims that she is/was/may be required to pay [e.g., “a court judgment in favor of Plaintff”] because Indemnitor failed to use reasonable care in performing work under an agreement with Indemnitee/other basis of responsibility. In order for Indemnitee to recover from Indemnitor, Indemnitee must prove both of the following: 1. That Indemnitor failed to use reasonable care in performing the work [e.g., testing the soil] under an agreement with Indemnitee/other basis of responsibility; and 2. That Indemnitor’s conduct was 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 substantial factor in causing Plaintiff’s harm.
You will be asked to determine the percentages of responsibility of Indemnitor, Indemnitee, and all other persons responsible for Plaintiff’s harm.”
[CACI Jury Instructions [citations omitted]]
