800.07. Fraud and Deceit-Punitive Exemplary Damages-Liability of Corporate Principal for the Act of an Agent

800.07 Fraud and Deceit--Punitive/Exemplary Damages--Liability of Corporate Principal for the Act of an Agent The defendant [name of corporate defendant] is a corporation and can act only through its officers and employees. As to plaintiff's claim for compensatory damages against [name of corporate defendant], any act or omission of an officer or employee within the scope of his employment is the action or omission of the defendant [name of corporate defendant]. As to plaintiff's claim for punitive damages against [name of corporate defendant], a different rule applies. Punitive damages may be awarded against [name of corporate defendant] only if (1) you find favor of the plaintiff and against [name of corporate defendant] under Count [___] of the complaint, and (2) you find the officer's or employee's conduct was [willful and wanton] [malicious and willful] [a violation of trust or confidence], and (3) you find that, as to the act[s] or omission[s] giving rise to liability under Count [___], [state condition (a), (b), (c), or (d)] [of] [both of] the following condition[s] [is] [are] met: [(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]. If you find for the plaintiff and against the defendant under Count [___] of the complaint, and if you further find that the officer's or employee's conduct was [willful and wanton] [malicious and willful] [a violation of trust or confidence], and if you further find that [restate condition (a), (b), (c), or (d)] [one or [more] [both] of these conditions [is] [are] met], and if you further believe that justice and the public good require it, you may, in addition to any other damages to which you find the plaintiff entitled, award an amount which will serve to punish [name of corporate defendant] and to deter [name of corporate defendant] and others from similar conduct.