66.741 Punitive Damages; Measure

66.741 Punitive Damages; Measure The measure of such damages is your enlightened conscience as an impartial jury (but not more than $250,000*) (but not more than (insert ratio range)** to your compensatory award). O.C.G.A. §51-12-5.1 (Note: Both parentheticals may or may not be erroneous statements of law but may help solve the problem of the proportionality of punitive damage awards identified in the supreme court cases. See explanation below.) * Omit cap parenthetical in all product liability cases. In addition, be aware that it has been held to be error to tell the jury that a percentage of punitives in certain cases goes to the state. O.C.G.A. §51-12-5.1(e)(2); Uniroyal Goodrich Tire Co. V. Ford, 218 Ga. App. 248; 276 Ga. 226. Although reference to the cap is distinguishable, one could argue that the cases suggest that it may be error to tell the jury about the cap unless stipulated by both parties. There is no guidance at present. ** Possibly the judge can obtain a range of ratios from a stipulation in a pretrial order. State Farm v. Campbell suggests using a "single-digit" ratio or not more than 9-1; and even 9-1 may only be appropriate in an exceptional case. But see Craig v. Holsey, cert. denied 3/29/04 (post State Farm), a Georgia case wherein there was an award of 22-1 ratio. The denial of certiorari is not authority, but the case, though rare, illustrates the difficulty of the issue. These precedents may help with the proportionality problem.