Del. P.J.I. Civ. § 22.27A

PUNITIVE DAMAGES – EMPLOYER OR PRINCIPAL OF TORTFEASOR

You may award punitive damages against [employer / principal’s name]

because of the act of its [employee / agent], [tortfeasor’s name], if one of the

following conditions is met:

(1) [Employer or principal’s name / managerial agent] authorized the

doing and manner of [tortfeasor’s name]’s action; or

(2) [Tortfeasor’s name] was unfit and [employer or principal’s name /

managerial agent] was reckless in [employing / retaining] [him/her]; or

(3) [Tortfeasor’s name] was employed in a managerial capacity and was

acting within [his/her] scope of employment; or

(4) [Employer or principal’s name/managerial agent] ratified or

approved [tortfeasor’s name]’s action.