“You must now decide the amount, if any, that you should award Plaintiff in 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. 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]]
