“If you decide that Defendant’s conduct caused Plaintiff harm, you must decide whether that conduct justifies an award of punitive damages. The purposes of punitive damages are to punish a wrongdoer for the conduct that harmed the plaintiff and to discourage similar conduct in the future. You may award punitive damages only if Plaintiff proves by clear and convincing evidence that Defendant engaged in that conduct with malice, oppression, or fraud. “Malice” means that Defendant acted with intent to cause injury or that Defendant’s conduct was despicable and was done with a willful and knowing disregard of the rights or safety of another. A person acts with knowing disregard when the person is aware of the probable dangerous consequences of the person’s conduct and deliberately fails to avoid those consequences. “Oppression” means that Defendant’s conduct was despicable and subjected Plaintiff to cruel and unjust hardship in knowing disregard of his rights. “Despicable conduct” is conduct that is so vile, base, or contemptible that it would be looked down on and despised by reasonable people. “Fraud” means that Defendant intentionally misrepresented or concealed a material fact and did so intending to harm Plaintiff. There is no fixed formula for determining the amount of punitive damages, and you are not required to award any punitive damages. If you decide to award punitive damages, you should consider all of the following factors in determining the amount: (a) How reprehensible was Defendant’s conduct? In deciding how reprehensible Defendant’s conduct was, you may consider, among other factors: 1. Whether the conduct caused physical harm; 2. Whether Defendant disregarded the health or safety of others; 3. Whether Plaintiff was financially weak or vulnerable and Defendant knew Plaintiff was financially weak or vulnerable and took advantage of him; 4. Whether Defendant’s conduct involved a pattern or practice; and 5. Whether Defendant acted with trickery or deceit. (b) Is there a reasonable relationship between the amount of punitive damages and Plaintiff’s harm [or between the amount of punitive damages and potential harm to Plaintiff that Defendant knew was likely to occur because of his conduct]? (c) In view of Defendant’s financial condition, what amount is necessary to punish him and discourage future wrongful conduct? You may not increase the punitive award above an amount that is otherwise appropriate merely because Defendant has substantial financial resources. [Any award you impose may not exceed Defendant’s ability to pay.] [Punitive damages may not be used to punish Defendant for the impact of his alleged misconduct on persons other than Plaintiff.]
[CACI Jury Instructions [citations omitted]]
