33.16 [1991 New] Converse Instructions-Damages-Exemplary

Instruction No 1 33.16 [1991 New] Converse Instructions--Damages--Exemplary 33.16(1) Conduct) (Conversing 10.01--Intentional Tort Constituting Outrageous You must not award plaintiff an additional amount as punitive damages under Instruction Number (here insert number of punitive damage instruction ) unless you believe the conduct of defendant as submitted in Instruction Number (here insert plaintiff's verdict directing instruction based on intentional tort ) was outrageous because of defendant's evil motive or reckless indifference to the rights of others. 33.16(2) (Conversing Disregard for Others) 10.02--Negligence Constituting Conscious You must not award plaintiff an additional amount as punitive damages under (here insert number of punitive damage instruction ) unless you Instruction Number believe the conduct of defendant as submitted in Instruction Number (here insert plaintiff's verdict directing instruction based on negligence ) showed complete indifference to or conscious disregard for the safety of others. 33.16(3) (Conversing 10.04--Strict Liability Failure Knowledge Constituting Conscious Disregard for Others) to Warn-- You must not award plaintiff an additional amount as punitive damages under Instruction Number (here insert number of punitive damage instruction ) unless you believe: First, at the time defendant sold the (describe product ) defendant knew of the danger submitted in Instruction Number (here insert number of plaintiff's strict liability verdict directing instruction ), and Second, defendant thereby showed complete indifference to or conscious disregard for the safety of others. 33.16(4) (Conversing 10.07--Negligence--Specific Knowledge Constituting Conscious Disregard for Others) Acts and You must not award plaintiff an additional amount as punitive damages under (here insert number of punitive damage instruction ) unless you Instruction Number believe: First, (here insert the specific act or omission that supports submission of punitive damages ), and Second, defendant knew or had information from which defendant, in the exercise of ordinary care, should have known that such conduct created a high degree of probability of injury, and Third, defendant thereby showed complete indifference to or conscious disregard for the safety of others.