UJI 13-1827. Punitive damages.

(Introduction) In this case, ________________________ (name of party making claim for punitive damages) seeks to recover punitive damages from ________________________ (name of party against whom punitive damages are sought). You may consider punitive damages only if you find that ________________________ (party making claim) should recover compensatory [or nominal] damages. (Theories of Liability) [[1.] If you find that the conduct of ________________________ (name of party against whom direct liability for punitive damages is asserted) was [malicious], [willful], [reckless], [wanton], [fraudulent] [or] [in bad faith], then you may award punitive damages against that party.] [[2.] [Also] [I]f you find that the conduct of ________________________ (name of agent or employee who was a tortfeasor) was [malicious], [willful], [reckless], [wanton], [fraudulent] [or] [in bad faith], you may award punitive damages against ________________________ (name of principal or employer party against whom liability for punitive damages is asserted) if: (a) ________________________ (name of agent or employee) was acting [in the] within scope of employment with ________________________ (name of principal or employer party against whom liability for punitive damages is asserted) and had sufficient discretionary or policy-making authority to speak and act for _______________________ (name of principal or employer party against whom liability for punitive damages is asserted) with regard to the conduct at issue, independently of higher authority; [or if] (b) ________________________ (name of principal or employer party against whom liability for punitive damages is asserted) in some [other] way [authorized,] [participated in] [or] [ratified] the conduct of ________________________ (name of agent or employee).] [[3.] If you find that the conduct of the ________ (agents or employees), taken as a whole, showed that ___________________ (name of principal or employer against whom liability for punitive damages is asserted) was [malicious] [willful] [reckless] [wanton] [or] [in bad faith] you may award punitive damages against _______________ (name of principal or employer party).] (Definitions) Malicious conduct is the intentional doing of a wrongful act with knowledge that the act was wrongful. Willful conduct is the intentional doing of an act with knowledge that harm may result. Reckless conduct is the intentional doing of an act with utter indifference to the consequences. When there is a high risk of danger, conduct that breaches the duty of care is more likely to demonstrate recklessness. Wanton conduct is the doing of an act with utter indifference to or conscious disregard for a person’s [rights] [safety]. (Conclusion) Punitive 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 and enormity of the wrong and such aggravating and mitigating circumstances as may be shown. The property or wealth of the defendant is a legitimate factor for your consideration. The amount awarded, if any, must be reasonably related to the injury and to any damages given as compensation and not disproportionate to the circumstances.