UJI 13-1011 NMRA
UJI 13-1011. Punitive damages.
Length: 197 wordsOfficial source
If you find that plaintiff should recover actual damages, and if you further find clear
and convincing evidence that the publication of the communication by defendant was
made with knowledge of its falsity or with a reckless disregard for whether it was false or
not, then you may award punitive damages.
Reckless disregard is not measured by whether a reasonably prudent person would
have published or would have investigated before publishing. There must be sufficient
evidence to permit the conclusion that the defendant in fact entertained serious doubts
as to the truth of the communication.
Clear and convincing evidence is that evidence which, when weighed against the
evidence in opposition, leaves you with an abiding conviction that the evidence is true.
Such additional damages are awarded for the limited purposes of punishment and to
deter others from the commission of like offenses.
The amount of punitive damages must be based on reason and justice taking into
account all the circumstances, including the nature of the wrong and such aggravating
and mitigating circumstances as may be shown. The amount awarded, if any, must be
reasonably related to the actual damages and injury and not disproportionate to the
circumstances.