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AMI 207 Issues—Imputed Conduct—Burden of Proof

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 207
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 2. Issues and Burden of Proof
AMI 207 Issues—Imputed Conduct—Burden of Proof
(Plaintiff) contends and has the burden of proving that at the time of the occurrence (alleged agent or employee) was [acting within the scope of (his)(her) authority as an agent of (alleged principal)] [acting within the scope of (his)(her) employment as an employee of (alleged employer)] [participating in a joint enterprise with (alleged joint venturer)] [a partner of (alleged partner) acting in behalf of the partnership in furtherance of the partnership business].
[If you so find, then any (negligence)(or)(intentional conduct)(failure to use the highest degree of care) ((other type of fault)) on the part of (alleged agent, employee, joint venturer or partner) would be charged to (alleged principal, employer, joint venturer or partner) (with respect to the claims of (plaintiff)).]
NOTE ON USE
Repeat this instruction as necessary to cover those allegations of agency, employment, joint enterprise, or partnership which will be submitted to the jury. If the relationship permitting the imputation of conduct is admitted, use AMI 208. If a party charged admits having employed the person, but contends that he was an independent contractor, use AMI 209.
See Chapter 7 for instructions on issues related to agency, employment, joint enterprise (AMI 712), partnership (AMI 710), and scope of employment (employee driving employer's vehicle) (AMI 703).
Do not use the second paragraph when the case is submitted on interrogatories.
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