Wis JI-Civil 1707A

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) (her) part to the consequences

of (his) (her) actions, even though (he) (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) (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 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 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.