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Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior's fault) [was] [were] personally guilty of [intentional misconduct] [or] [gross negligence], which ...
418, the California Supreme Court articulated 'three guideposts' for courts reviewing punitive damages: ?(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the ...
Punitive damages are also called ?exemplary damages,? which are damages assessed in the legal process to punish a defendant for negligence. The defendant is usually a company or other large entity. Examples would medical malpractice cases or product liability cases.
Meanwhile, Florida's Civil Jury Instruction Section 401.9, which can be applied to traffic regulations, holds that violation of certain statutes is considered evidence of negligence, though not necessarily conclusive evidence of negligence. Negligence of a common carrier.
Punitive damages are only awarded in cases where the defendant's actions were particularly egregious, such as when they showed a reckless disregard for the safety of others.
Under existing law, a defendant against whom punitive damages already have been awarded is free to place such evidence before a jury, and a jury can decide whether further punitive damages are warranted.
Six or twelve people, and alternates, make up a criminal jury. A unanimous decision must be reached before a defendant is found ?guilty.? The State of Florida must prove the crime was committed ?beyond a reasonable doubt.?
The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.