Wis JI-Civil 1707.2

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 the defendant intended to

cause harm or injury to the 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 may then award such

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

should consider in answering question _____ include:

1. the seriousness of the hazard to the public;

2. the profitability of the misconduct;

3. the attitude and conduct on discovery of the misconduct;

4. the degree of the manufacturer's awareness of the hazard and of its excessiveness;

5. the employees involved in causing or concealing the misconduct;

6. the duration of both the improper behavior and its concealment;

7. the financial condition of the manufacturer and the probable effect on the

manufacturer of a particular judgment; and

8. the total punishment the manufacturer will probably receive from other sources.

(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

*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: $___________