Wis JI-Civil 2509

(As to question 1, give the definition of "Defamation," from Wis. JI-Civil 2501.)

Question 2 asks whether (defendant) was negligent in making (publishing) the

statement about (plaintiff). If you are satisfied from the credible evidence that (defendant) did

not have a reasonable basis for making (publishing) the statement or did not use ordinary care

in checking on the truth or falsity of the statement before making (publishing) it, then you

will answer question 2 "yes."

Ordinary care is the degree of care which the great mass of mankind ordinary

exercises under the same or similar circumstances. A person fails to use ordinary care when,

without intending to do any wrong, he or she acts or omits a precaution under circumstances

in which a person of ordinary intelligence and prudence ought reasonably to foresee that such

act or omission will subject the person or the person's property, or the person or property of

another, to an unreasonable risk of injury or damage.

(Plaintiff) has the burden of proof to satisfy you by the greater weight of the credible

evidence, to a reasonable certainty, that (defendant) was negligent in making (publishing) the

statement.

(As to question 3, the damage question, give Wis JI-Civil 2516.)

(As to question 4, actual malice, give the actual malice part of Wis JI-Civil 2511.)

(As to question 5, punitive damages, give Wis JI-Civil 2520.)

(As to question 3, burden of proof, give Wis JI-Civil 200.)

(As to questions 4 and 5, actual malice and punitive damages, give Wis JI-Civil 205.)

SPECIAL VERDICT

Question 1: Was the statement made (published) by (defendant) (insert statement,

e.g., John Jones took a bribe) defamatory:

ANSWER:

(yes or no)

Question 2: If you answered "yes" to question 1, then answer this question:

Was (defendant) negligent in making (publishing such statement?

ANSWER:

(yes or no)

Question 3: If you answered "yes" to question 2, then answer this question:

What sum of money will fairly and reasonably compensate (plaintiff)

because of such defamatory statement?

ANSWER:$

Question 4: If you answered "yes" to question 2, then answer this question:

Did (defendant) act with actual malice in making (publishing) such

statement?

ANSWER:

(yes or no)

Question 5: If you answered "yes" to question 4, then answer this question:

What sum of money, if any, do you assess against (defendant) for

punitive damages?

ANSWER:$