Del. P.J.I. Civ. § 22.27

PUNITIVE DAMAGES

If you decide to award compensatory damages to [plaintiff’s name], you must

determine whether [defendant’s name] is also liable to [plaintiff’s name] for

punitive damages.

Punitive damages are different from compensatory damages. Compensatory

damages are awarded to compensate the plaintiff for the injury suffered. Punitive

damages, on the other hand, are awarded in addition to compensatory damages for

the purpose of punishing the wrongdoer and to discourage such person and others

from similar wrongful conduct in the future.

You may award punitive damages to punish [defendant’s name] for

[his/her/its] outrageous conduct and to deter [him/her/it], and others like

[him/her/it], from engaging in similar conduct in the future if you find by a

preponderance of the evidence that [defendant’s name] acted [intentionally /

recklessly]. Punitive damages cannot be awarded for mere inadvertence, mistake,

errors of judgment and the like, which constitute ordinary negligence.

Intentional conduct means it is the person’s conscious object. Reckless conduct

is a conscious indifference that amounts to a “I don’t care” attitude. Reckless

conduct occurs when a person, with no intent to cause harm, performs an act so

unreasonable and dangerous that [he/she/it] knows or should know that there is a

readily perceived likelihood that harm may result. Each requires that the defendant

foresee that [his/her] conduct threatens a particular harm to another.

The law provides no fixed standards for the amount of punitive damages. In

determining any award of punitive damages, you are to consider the nature of

[defendant’s name]’s conduct and to extent to which it was reprehensible or

outrageous. You may assess the amount of punitive damages that will deter

[defendant’s name] and others like [him/her] from similar conduct in the future.

You may consider [defendant’s name]’s financial condition for this purpose only.

Any award of punitive damages must bear a reasonable relationship to [plaintiff’s

name]’s compensatory damages. If you find that [plaintiff’s name] is entitled to an

award of punitive damages, state the amount of punitive damages separately on the

verdict form.

{ If both compensatory and punitive damages go to the jury as the same time, the

jury should be instructed as follows.}

[Defendant’s name]’s financial condition must not be considered in assessing

compensatory damages.