M Civ JI 115.21 Battery - Burden of Proof

Plaintiff has the burden of proving that [ defendant willfully and intentionally touched the plaintiff against the plaintiff’s will / defendant put in motion an object or substance that touched the plaintiff against the plaintiff’s will ].

Your verdict will be for plaintiff if the plaintiff has proved all of those elements (and the defendant has failed to prove the defense of [ describe defense ]). Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

History

M Civ JI 115.21 was added September 1982. Amended January 2020.