402.9a (2) Preliminary Issues - Vicarious Liability - Agency Without Claim of Independent Contractor On (claimant)'s claim there is a preliminary issue for you to decide. That issue is whether (name) is an agent of (defendant) [(name) is an agent of (defendant) if (defendant) authorized [him] [her] to act on (defendant)'s behalf.] [(name) is an apparent agent if, by words or conduct, (defendant) caused or allowed (claimant) to believe that (name) was an agent of and had authority to act for (defendant).] A person is responsible for the negligence of an [agent] [or] [apparent agent] if at the time and place of the incident complained of the [agent] [or] [apparent agent] is acting within the scope of [his] [her] [apparent] authority. [See Notes on Use regarding bracketed sections.]