50.03. Issues and Burden of Proof Principal and Agt Sued Agcy Denied Princ Sued Under Respondeat Superior Only

50.03 Issues and Burden of Proof--Both Principal and Agent Sued--Agency Denied--Principal Sued Under Respondeat Superior Only Defendant [name of principal] is sued as the principal and the defendant [name of alleged agent] as his agent. [It is denied that any agency existed.] [It is (also) denied that [name of alleged agent] was acting within the scope of his authority as an agent of the defendant [name of principal] at the time of the occurrence.] Plaintiff has the burden of proving that [defendant [name of alleged agent] was acting within the scope of his/her authority as an agent of the defendant [name of principal]] at the time of the occurrence. If you find that the defendant [name of alleged agent] [was the agent of the defendant [name of principal]] [and] [was acting within the scope of his authority] at the time of the occurrence, and if you find [name of alleged agent] is liable, then both are liable. If you find that [name of alleged agent] is not liable, then neither defendant is liable. If you find that the defendant [name of alleged agent] is liable but was not acting [as an agent of the defendant [name of principal]] [or] [within the scope of his authority as an agent of the defendant [name of principal]] at the time of the occurrence, then the defendant [name of principal] is not liable.