New Mexico Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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FAQ
That said, under the New York City law, case law has established that punitive damages may be awarded if it is shown that an employer discriminated with ?willful or wanton negligence, or recklessness,? or where there is a ?conscious disregard of the rights of others or conduct so reckless as to amount to such disregard ...
In New York, courts have held that punitive damages can be appropriate when there's clear and convincing evidence that a defendant's conduct exhibits: Willful or wanton negligence, or. A high degree of moral turpitude.
It is rational where the actions complained of are harsh, vindictive, and show contempt for the rights of others. The quantum of punitive damages must also be RATIONAL. It is rational where the quantum is proportional to the wrong and the effect of the wrong committed by the defendant.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
Gore identifies three guideposts to determine whether punitive damages are excessive: (1) the degree of reprehensibility of a defendant's conduct; (2) the disparity between compensatory and punitive damages; and (3) the difference between punitive damages and civil penalties authorized or imposed in comparable cases.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.