Wis JI-Civil 1707.1

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

that the defendant acted maliciously toward the plaintiff or in an intentional disregard of the

rights of the plaintiff.

A person's acts are malicious when they are the result of hatred, ill will, desire for

revenge, or inflicted under circumstances where insult or injury is intended.

A person acts in an intentional disregard of the rights of the plaintiff if the person acts

with the purpose to disregard the plaintiff's rights, or is aware that his or her acts are

substantially certain to result in the plaintiff's rights being disregarded. Before you can find

an intentional disregard of the rights of the plaintiff, you must be satisfied that the

defendant's act or course of conduct was:

(1) deliberate;

(2) an actual disregard of the plaintiff's right to safety, health, or life, a property

right, or some other right; and

(3) sufficiently aggravated to warrant punishment by punitive damages.

A defendant's conduct giving rise to punitive damages need not be directed at the

plaintiff seeking punitive damages. There is no requirement that (defendant) intended to

cause harm or injury to (plaintiff).

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 an intentional disregard of the plaintiff's rights, you do not have to award punitive

damages. Punitive 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 should determine the

amount you believe will accomplish the purpose of punishing or deterring wrongful conduct.

Factors you should consider in answering question _____ include:

1. the grievousness of the defendant's acts,

2. the degree of malice involved,

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.

[The law provides that punitive damage may not exceed twice the amount of

compensatory damages you have awarded the plaintiff or $200,000.00, whichever is greater.

These dollar limitations are not a measure of damages, but a limit on recovery. You should

determine the amount, if any, you believe should be awarded in punitive damages.]1

(Burden of Proof, Middle Burden, use Wis JI-Civil 205)

SPECIAL VERDICT

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

Did (defendant) act maliciously toward (plaintiff) or in an intentional disregard of

the rights of (plaintiff)?

Answer:___________

Yes or No

*[Note: This blank refers to the question(s) to which a "yes" answer would support an award

of punitive damages.]

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

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

Answer:$__________

[Note: See Note 2 below if the claim involves operation of a vehicle while under the

influence.]2