Ill. Pattern Jury Instr. (Civil) 155.05

In addition to compensatory damages, the law permits you to award punitive damages for

conduct that violates the Act. If you believe that justice and the public g ood require it, you may

award an amount of money that will punish [(defendant's name)] and discourage [i t, him, her]

and others from similar conduct.

In arriving at your decision as to the amount of punitive dam ages, you should consider

the following three questions. The first question is the most import ant to determine the amount

of punitive damages:

1. How reprehensible was [(defendant's name)] conduct?

On this subject, you should consider the following:

a) The facts and circumstances of defendant's conduct;

b) The [financial] vulnerability of the plaintiff;

c) The duration of the misconduct;

d) The frequency of defendant's misconduct;

e) Whether the harm was physical as opposed to economic;

f) Whether defendant tried to conceal the misconduct;

g) [other]

2. What actual and potential harm did defendant's conduct cause to the plaintiff in this case?

3. What amount of m oney is necessary to punish defendant and discourage defendant and others

from future wrongful conduct [in light of defendant's financial condition]?

[In assessing the amount of punitive damages, you may not consider d efendant's similar

conduct in jurisdictions where such conduct was lawful when it was committed].

The amount of punitive damages must be reasonable and in proportion to the actual and

potential harm suffered by the plaintiff.

Instruction and Notes on Use approved January 2010.