N.C.P.I.—Motor Vehicle 106.91

NOTE WELL: Use this instruction in conjunction with

wrongful death punitive damages claims arising prior to

January 1, 1996. Wrongful death punitive damages

claims arising on or after January 1, 1996 are governed

by new standards.1 See N.C. Gen. Stat. §§ 28A-18-2(b)

(5) and 1D-1, et seq.

The (state number) issue reads:

"Did the defendant cause the death of the decedent through

maliciousness, willful or wanton injury, or gross negligence?"

You are to answer this issue only if you have answered (identify

issues and specify answers necessary for a consideration of this issue).

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, that

the defendant caused the death of the decedent through maliciousness,

willful or wanton injury, or gross negligence.2

[An act is malicious when the defendant is motivated by personal ill

will or spite.3]

[An act is willful if the defendant intentionally fails to carry out

some duty imposed by law or contract which is necessary to protect the

safety of the person or property to which it is owed.4 An act is wanton if

the defendant acts in conscious or reckless disregard for the rights and

safety of others.5]

[An act is grossly negligent when the defendant lacks even slight

care, when he shows indifference to the rights and welfare of others, or

when his negligence is of an aggravated character.6]

Finally, as to this issue on which the plaintiff has the burden of

proof, if you find by the greater weight of the evidence that the

defendant caused the death of the decedent through maliciousness,

willful or wanton injury, or gross negligence, then it would be your duty to

answer this issue "Yes" in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the defendant.