INSTRUCTION NO. ________

        The defendant has raised the affirmative defense that the plaintiff assumed the risks of injury from the dangers which plaintiff contends caused his injury. To prove that defense the defendant has the burden of proving each of the following propositions:

        First, that the plaintiff [was the employee of the defendant and as such was exposed to] [and the defendant had a contract under which the plaintiff was to participate in activities which exposed him to] [was exposed to certain dangers which presented] the risk of the injury of which he has complained;

        Second, that the plaintiff knew that the dangers existed and understood and appreciated the risks from them;

        Third, that the plaintiff entered into the [employment] [contract] [situation] voluntarily;

        Fourth, that some one or more of these dangers were the proximate cause of plaintiff's [alleged] [injuries] [damages].

        If you decide that all of these propositions have been proved, then your verdict should be for the defendant. If, on the other hand, you decide that any of the propositions has not been proved, then the defendant has not proved the affirmative defense of assumption of risk.

IDJI 260.

GIVEN ______________

REFUSED ____________

MODIFIED ___________

COVERED ____________

OTHER ______________