Wis JI-Civil 1707

Punitive damages may be awarded, in addition to compensatory damages, if you find

that the defendant's conduct was outrageous.

A person's conduct is outrageous if the person acts either maliciously or in wanton,

willful, or reckless disregard of the plaintiff's rights. Acts are malicious when they are the

result of hatred, ill will, a desire for revenge, or inflicted under circumstances where insult or

injury is intended. A person's conduct is wanton, willful, and in reckless disregard of the

plaintiff's rights when it demonstrates an indifference on his or her part to the consequences

of his or her actions, even though he or she may not intend insult or injury. The purpose of

punitive damages is to punish a wrongdoer or deter the wrongdoer and others from engaging

in similar conduct in the future. Punitive damages are not awarded to compensate the

plaintiff for any loss he or she has sustained.

A plaintiff is not entitled to punitive damages as a matter of right. Even if you find

that the defendant acted maliciously or in wanton, willful, or reckless disregard of the

plaintiff's rights, you do not have to award punitive damages. Such damages may be awarded

or withheld at your discretion. You may not, however, award punitive damages unless you

have awarded compensatory damages.

If you determine that punitive damages should be awarded, you may then award such

sum as will accomplish the purpose of punishing or deterring wrongful conduct.

Factors you should consider in answering this question include:

1. the grievousness of the defendant's acts,

2. the degree of malicious intention of the defendant or the recklessness of the

defendant's conduct,

3. the potential damage which might have been done by such acts as well as the

actual damage[, and]

[4. the defendant's ability to pay. You may consider the defendant's wealth in

determining what sum of punitive damages will be enough to punish the

defendant and deter the defendant and others from the same conduct in the

future.]

(Burden of Proof, Middle Burden, use Wis JI-Civil 210.)

SPECIAL VERDICT

If you answered "yes" to question ,* answer this question:

Was (defendant)'s conduct outrageous?

Answer:

Yes or No

If you answered the preceding question "yes," answer this question:

What sum, if any, do you assess against (defendant) as punitive damages?

Answer: $

*This question blank refers to the cause question relating to defendant's negligence.