3948. Pun. Damages Ind. And Corp. Defts. (Corp. Liability Acts Of Ind.) Bifurcated (1st)

3948. Punitive Damages--Individual and Corporate Defendants (Corporate Liability Based on Acts of Named Individual)--Bifurcated Trial (First Phase) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 If you decide that [name of individual defendant]'s conduct caused [name of plaintiff] harm, you must decide whether that conduct justifies an award of punitive damages against [name of individual defendant] and, if so, against [name of corporate defendant]. The amount, if any, of punitive damages will be an issue decided later. You may award punitive damages against [name of individual defendant] only if [name of plaintiff] proves by clear and convincing evidence that [name of individual defendant] engaged in that conduct with malice, oppression, or fraud. "Malice" means that a defendant acted with intent to cause injury or that a defendant's conduct was despicable and was done with a willful and knowing disregard of the rights or safety of another. A defendant acts with knowing disregard when the defendant is aware of the probable dangerous consequences of his, her, or its conduct and deliberately fails to avoid those consequences. "Oppression" means that a defendant's conduct was despicable and subjected [name of plaintiff] to cruel and unjust hardship in knowing disregard of [his/her] rights. "Despicable conduct" is conduct that is so vile, base, or contemptible that it would be looked down on and despised by reasonable people. "Fraud" means that a defendant intentionally misrepresented or concealed a material fact and did so intending to harm [name of plaintiff]. You may also award punitive damages against [name of corporate defendant] based on [name of individual]'s conduct if [name of plaintiff] proves [one of] the following by clear and convincing evidence: 3948. Punitive Damages--Individual and Corporate Defendants (Corporate Liability Based on Acts of Named Individual)--Bifurcated Trial (First Phase) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 1. [That [name of individual defendant] was an officer, a director, or a managing agent of [name of corporate defendant] who was acting on behalf of [name of corporate defendant] at the time of the conduct constituting malice oppression or fraud; [or]] [That an officer, a director, or a managing agent of [name of corporate defendant] had advance knowledge of the unfitness of [name of individual defendant] and employed [him/her] with a knowing disregard of the rights or safety of others; [or]] [That [name of individual defendant]'s conduct constituting malice, oppression, or fraud was authorized by an officer, a director, or a managing agent of [name of corporate defendant]; [or]] [That an officer, a director, or a managing agent of [name of corporate defendant] knew of [name of individual defendant]'s conduct constituting malice, oppression, or fraud and adopted or approved that conduct after it occurred.] 2. 3. 4. An employee is a "managing agent" if he or she exercises substantial independent authority and judgment in his or her corporate decision making such that his or her decisions ultimately determine corporate policy. ________________________________________________________________________________ New September 2003; Revised April 2004, December 2005