OUJI-CIV No. 5.6

EXEMPLARY OR PUNITIVE DAMAGES --- FIRST STAGE

If you find in favor of [Plaintiff], and grant [him /her] actual damages, then you

must also find by a separate verdict, whether [Defe ndant] (acted in reckless disregard of

the rights of others) (and/or) (acted intentionally and with malice towards others).

[Plaintiff] has the burden of proving this by clear a nd convincing evidence. By

that I mean that you must be persuaded, consid ering all the evidence in the case, that the

proposition on which the party has this burden of proof is highly probable and free from

serious doubt.

OUJI 3d (Rev. 2009) Chapter 5

[The conduct of [Defendant] was in reckle ss disregard of another's rights if

[Defendant] was either aware, or did not care, that there was a substantial and

unnecessary risk that [his/her/its] conduct would cause serious injury to others. In

order for the conduct to be in reckless disreg ard of another's rights, it must have been

unreasonable under the circumstances, and also there must have been a high probability

that the conduct would cause serious harm to another person.]

[Malice involves either hatred, spite, or ill-will, or else the doing of a wrongful

act intentionally without just cause or excuse.]

If you find that [Defendant] acted (in reckle ss disregard of the rights of others) or

(intentionally and with malice towards othe rs), you may award punitive damages against

[Defendant] in a later part of this trial. If you find that [Defenda nt] did not act (in

reckless disregard of the rights of others) or (intentionally and with malice towards

others), you may not award punitive damages against [Defendant].