35.02. Punitive-Exemplary Damages-Willful and Wanton Conduct-Corporate Defendants Liability

35.02 Punitive/Exemplary Damages--Willful and Wanton Conduct--Corporate Defendant's Liability [Name of defendant] is a corporation and can act only through its officers and employees. As to plaintiff's claim for compensatory damages against [name of defendant], any act or omission of an officer or employee within the scope of his employment is the action or omission of the defendant corporation. As to plaintiff's claim for punitive damages against [name of defendant], a different rule applies. Punitive damages may be awarded against [name of defendant] only (1) if you find in favor of the plaintiff[s] and against [name of defendant] under Count [__] of the complaint, and (2) if you find that, as to the act[s] or omission[s] giving rise to liability under Count [__], [state condition (a), (b), (c), or (d).] [one or [more] [both] of the following conditions [is] [are] proved:] [(a)] [The corporation, through its management, authorized the doing and the manner of the act or omission] [; or] [(b)] [The employee responsible for the act or omission was unfit, and the corporation was reckless in employing him] [; or] [(c)] [The act or omission was that of a managerial employee who was acting in the scope of his employment] [; or] [(d)] [The corporation, through its management or a managerial employee, ratified or approved the act or omission]. Instruction approved January 2007.