UJI 13-1663. Common law liquor liability to a patron.

To establish the claim against __________________ (name of defendant seller or server) for wrongfully providing alcohol, ___________________ (name of plaintiff) has the burden of proving the following elements: 1. [_______________ (name of defendant)] [or] [________________ (name of defendant’s agent(s) or employee(s))] sold, served or provided alcoholic beverages to ____________________ (name of patron) while ____________________ (name of patron) was intoxicated; 2. [_______________ (name of defendant)] [or] [________________ (name of defendant’s agent(s) or employee(s))] knew or should have known from the circumstances that _______________ (name of patron) was intoxicated; 3. [_______________ (name of defendant)] [or] [ ________________ (name of defendant’s agent(s) or employee(s))] acted with gross negligence and reckless disregard for the safety of _________________________ (name of plaintiff). In addition, _______________ (name of plaintiff) has the burden of proving that [______________ (name of defendant)’s] [or] [_________________ (name of defendant’s agent(s) or employee(s))’s] sale, service, or provision of alcoholic beverages was a cause of ________________ (name of plaintiff)’s [injuries and] damages.