Wisconsin Jury Instruction - 7.1 Duty To Deliberate When Only The Plaintiff Claims Damages
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FAQ
To support a claim for punitive damages, the plaintiff must show that the conduct of the defendant was harsh, vindictive, reprehensible or malicious, which are adjectives adopted by McIntyre J., writing for the majority in Vorvis v. Insurance Corporation of British Columbia, 1989 CanLII 93 (SCC), [1989] 1 S.C.R.
If you are satisfied beyond a reasonable doubt that the defendant (drove) (operated) a motor vehicle on a highway while under the influence of an intoxicant, you should find the defendant guilty of Count 1. If you are not so satisfied, you must find the defendant not guilty of Count 1.
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.
The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No. ____."
The degree of injury sustained by the victim is of little consequence in the assessment of punitive damages. The award arises from intentional conduct which disregards the legal rights of the plaintiff in a malicious or outrageous manner.
Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
Punitive damages are not designed to compensate the plaintiff, but to deter others from engaging in similar wrongful behavior. While the plaintiff will receive the monetary award, the primary purpose of punitive damages is to punish the defendant.