N.C.P.I.—Motor Vehicle 106.96

The (state number) issue reads:

"Is the defendant liable to the plaintiff for punitive damages?"

(You are to answer this issue only if you have awarded the plaintiff

compensatory damages in conjunction with (state number(s) of

compensatory damage issue(s).)1

On this issue the burden of proof is on the plaintiff to prove three

things. The plaintiff must prove the first thing by clear and convincing

evidence.2 Clear and convincing evidence is evidence which, in its

character and weight, establishes what the plaintiff seeks to prove in a

clear and convincing fashion. You shall interpret and apply the words

"clear" and "convincing" in accordance with their commonly understood

and accepted meanings in everyday speech.

Thus, the first thing the plaintiff must prove, by clear and

convincing evidence, is the existence of [fraud] [malice] [willful or wanton

conduct].3

[Fraud means a false representation of material fact made by the

defendant with intent to deceive which was reasonably calculated to

deceive and which did, in fact, deceive and damage the plaintiff because

of his reasonable reliance on it.]4

[Malice means a sense of personal ill will toward the plaintiff that

activated or incited the defendant to perform the act or undertake the

conduct that resulted in harm to the plaintiff.]5

[Willful or wanton conduct means the conscious and intentional

disregard of and indifference to the rights and safety of others, which the

defendant knows or should know is reasonably likely to result in injury,

damage or other harm.

Willful or wanton conduct means more than gross negligence.]6

The plaintiff must prove the second and third things by the greater

weight of the evidence. The greater weight of the evidence does not

refer to the quantity of the evidence, but rather to the quality and

convincing force of the evidence. It means that you must be persuaded,

considering all of the evidence, that the necessary facts are more likely

than not to exist. These second and third things are:

Second, that the [fraud] [malice] [willful or wanton conduct] was

related to the injury to the plaintiff for which you have already awarded

compensatory damages.7

And Third, that the [defendant participated in] [the defendant's

officers, directors or managers participated in or condoned] the [fraud]

[malice] [willful or wanton conduct].8

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

proof, if you find by the standards herein explained that the defendant is

liable to the plaintiff for punitive damages, 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 "No" in favor of the defendant.