N.C.P.I.—Motor Vehicle 106.98

NOTE WELL: Use this instruction in conjunction with

claims for relief arising on or after January 1, 1996.1

For claims for relief arising prior to January 1, 1996,

use N.C.P.I.-Motor Vehicle 106.93 or 106.94, as

applicable.

ALSO NOTE WELL: Statutory limitations are placed on

the amount of punitive damages that may be awarded

in all cases (except driving while impaired offenses).

N.C. Gen. Stat. § 1D-25(c) specifically directs that the

statutory limitations "not be made known to the trier of

fact through any means, including voir dire, the

introduction into evidence, argument, or instructions to

the jury." Thus, it would be error to do so. If the

limitations are exceeded by the jury, "the trial court

shall reduce the award and enter judgment for punitive

damages in the maximum amount." N.C. Gen. Stat. §

1D-25(b) (1996).

The (state number) issue reads:

"What amount of punitive damages, if any, does the jury in its

discretion award to the plaintiff?"

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

number issue) "Yes" in favor of the plaintiff.

Whether to award punitive damages is a matter within the sound

discretion of the jury. Punitive damages are not awarded for the purpose

of compensating the plaintiff for his [injury] [damage], nor are they

awarded as a matter of right.

If you decide, in your discretion, to award punitive damages, any

amount you award must bear a rational relationship2 to the sum

reasonably needed to punish the defendant for egregiously wrongful acts

and to deter the defendant and others from committing similar wrongful

acts.3 In making this determination, you may consider only that evidence

which relates to

[the reprehensibility of the defendant's motives and conduct]

[the likelihood, at the relevant time, of serious harm (to the

plaintiff or others similarly situated)]

[the degree of the defendant's awareness of the probable

consequences of his conduct]

[the duration of the defendant's conduct]

[the actual damages suffered by the plaintiff]

[any concealment by the defendant of the facts or consequences of

his conduct]

[the existence and frequency of any similar past conduct by the

defendant]

[whether the defendant profited by the conduct]

[the defendant's ability to pay punitive damages, as evidenced by

his revenues or net worth].4

Finally, if you determine, in your discretion, to award punitive

damages, then, you may award to the plaintiff an amount which bears a

rational relationship to the sum reasonably needed to punish the

defendant for egregiously wrongful acts and to deter the defendant and

others from committing similar wrongful acts. That amount should be

written in the space provided on the verdict sheet.

If, on the other hand, you determine, in your discretion, not to

award the plaintiff any amount, then you should write the word "None" in

the space provided on the verdict sheet.