The allegations of the respective parties must be established and proved by the evidence. The plaintiff bears the burden of proving that her claims are more probably true than not true. Wal-Mart also admits that Gretchen Getter was a business visitor in its store at the time of the occurrence in question. The defendant denies all other claims of plaintiff. The defendant has the burden of proving that its claims of fault on the part of plaintiff are more probably true than not true.
Plaintiff challenges only the emphasized portion of the instruction.
When reviewing a challenge to jury instructions, we must look at the instructions as a whole to determine whether they properly state the law. Lutz v. Weld County Sch. An instruction need not be faultless in every respect. Upon review of the jury instructions as a whole, we conclude that they properly stated the law and fairly guided the jury in its deliberations. Because we find that only one of the district court's rulings challenged by plaintiff was error, and that the sole error was harmless, plaintiff's allegation of cumulative error fails.