“If you decide that Defendant’s conduct caused Plaintiff harm, you must decide whether that conduct justifies an award of punitive damages. At this time, you must decide whether Plaintiff has proved by clear and convincing evidence that Defendant engaged in that conduct with malice, oppression, or fraud. The amount of punitive damages, if any, will be decided later. “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.”
[CACI Jury Instructions [citations omitted]]
