Alaska Civil Pattern Jury Instruction 20.20B

You have determined that the plaintiff is eligible for an award of punitive damages from [name]. Punitive damages are a separate amount of money awarded for the purpose of punishing the defendant and deterring the defendant and others from repeating similar acts. Because you have decided that the plaintiff is eligible for punitive damages, you are permitted to award punitive damages, but you are not required to do so.

In this proceeding you must decide whether to award punitive damages and, if so, the amount. In making your decision, you may consider the following factors:

• the likelihood at the time of the conduct that serious harm would result from the defendant’s conduct;

• the degree of the defendant’s awareness of the likelihood at the time of the conduct that serious harm would result from the defendant’s conduct;

• the amount of financial gain that the defendant gained or expected to gain as a result of the defendant’s conduct;

• the duration of the defendant’s conduct and any intentional concealment of the conduct;

• the attitude and conduct of the defendant upon discovery of the conduct;

• the amount of compensatory damages awarded to the plaintiff;

• the financial condition of the defendant; and

• the total deterrence of other damages and punishment imposed on the defendant as a result of the conduct, including compensatory and punitive damages awarded to other persons in situations similar to that of the plaintiff, and any criminal penalties to which the defendant has been or may be subjected.

After considering these factors, you must complete the verdict form.