Ill. Pattern Jury Instr. (Civil) 35.02

Liability

[(Defendant's name)] is a corporation and can act only through its officers and

employees. As to plaintiff's claim for compensatory damages against [(Defendant's name)], any

act or omission of an officer or employee within the scope of his employment is the act or

omission of the defendant corporation.

As to plaintiff's claim for punitive damages against [(Defendant's name)], a different rule

applies. Punitive damages may be awarded against [(Defendant's name)] only (1) if you find in

favor of plaintiff(s) and against [(Defendant's name)] under Count __ of the complaint, and (2) if

you find that, as to the act(s) or omission(s) giving rise to liability under Count __, [[State

condition (a), (b), (c) or (d)].] [one or (more) (both) of the following conditions (is) (are)

proved:]

[(a)] [The corporati on, through its management, authorized the doing and the manner of

the act or omission] [; or]

[(b)] [The employee responsible for the act or omission was unfit, and the corporation

was reckless in employing him] [; or]

[(c)] [The act or omission was that of a managerial employee who was acting in the scope

of his employment] [; or]

[(d)] [The corporation, through its management or a managerial employee, ratified or

approved the act or omission].

Instruction, Notes and Comment approved January 2007.