3949. Pun. Damages Ind. And Corp. Defts. (Corp. Liability Acts Of Ind.) Bifurcated (2nd)

3949. Punitive Damages--Individual and Corporate Defendants (Corporate Liability Based on Acts of Named Individual)--Bifurcated Trial (Second Phase) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 You must now decide the amount, if any, that you should award [name of plaintiff] in punitive damages. The purposes of punitive damages are to punish a wrongdoer for the conduct that harmed the plaintiff and to discourage similar conduct in the future. There is no fixed formula for determining the amount of punitive damages and you are not required to award any punitive damages. If you decide to award punitive damages, you should consider all of the following factors separately for each defendant in determining the amount: (a) How reprehensible was that defendant's conduct? In deciding how reprehensible a defendant's conduct was, you may consider, among other factors: 1. 2. 3. Whether the conduct caused physical harm; Whether the defendant disregarded the health or safety of others; Whether [name of plaintiff] was financially weak or vulnerable and the defendant knew [name of plaintiff] was financially weak or vulnerable and took advantage of [him/her/it]; Whether the defendant's conduct involved a pattern or practice; and Whether the defendant acted with trickery or deceit. 4. 5. (b) Is there a reasonable relationship between the amount of punitive damages and [name of plaintiff]'s harm [or between the amount of punitive damages and potential harm to [name of plaintiff] that the 3949. Punitive Damages--Individual and Corporate Defendants (Corporate Liability Based on Acts of Named Individual)--Bifurcated Trial (Second Phase) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 defendant knew was likely to occur because of [his/her/its] conduct]? (c) In view of that defendant's financial condition, what amount is necessary to punish [him/her/it] and discourage future wrongful conduct? You may not increase the punitive award above an amount that is otherwise appropriate merely because a defendant has substantial financial resources. [Any award you impose may not exceed that defendant's ability to pay.] [Punitive damages may not be used to punish a defendant for the impact of [his/her/its] alleged misconduct on persons other than [name of plaintiff].] ________________________________________________________________________________ New September 2003; Revised April 2004, October 2004, June 2006, April 2007, August 2007, October 2008