6.02 [1998 Revision] Wrongful Death-Aggravating Circumstances

Instruction No 1 6.02 [1998 Revision] Wrongful Death--Aggravating Circumstances Where aggravating circumstances are submitted in a wrongful death case, select an exemplary damage instruction from Chapter 10.00 that fits the theory of the case (e.g., intentional tort, negligence, strict liability, etc.) and substitute the phrase "damages for aggravating circumstances" for the phrase "punitive damages" in the Chapter 10.00 instruction selected. For example, if a wrongful death case is submitted on a negligence theory, MAI 10.02 would be selected to submit aggravating circumstances in the following, modified form: (here insert number If you find in favor of plaintiff under Instruction Number of plaintiff's verdict directing instruction based on negligence), and if you believe the (here insert number of conduct of defendant as submitted in Instruction Number plaintiff's verdict directing instruction based on negligence) showed complete indifference to or conscious disregard for the safety of others, then in addition to any damages to which you may find plaintiff entitled under Instruction Number (here insert number of plaintiff's damage instruction) you may award plaintiff an additional amount as damages for aggravating circumstances in such sum as you believe will serve to punish defendant and to deter defendant and others from like conduct. The burden of proof instruction (MAI 3.01) and the verdict form from Chapter 36.00 (MAI 36.11) would be modified similarly by substituting the phrase "damages for aggravating circumstances" for the phrase "punitive damages."