PJC Business 2024

PJC 115.39

D AMAGES

2. Don Davis was unfit and ABC Corporation was reckless in employ ing him , or 3. Don Davis was employed [ as a vice-principal ] [ in a managerial capacity ] and was acting in the scope of employment, or 4. ABC Corporation or a [ vice-principal ] [ manager ] of ABC Corpora tion ratified or approved the act. Answer “Yes” or “No.” Answer: _______________ PJC 115.39B Question and Instruction Imputing Gross Negligence to a Corporation—Actions Filed on or after September 1, 2003 Answer the following question regarding ABC Corporation only if you unanimously answered “Yes” to Question ______ [ applicable liability ques tion ] regarding ABC Corporation . Otherwise, do not answer the following question regarding ABC Corporation . To answer “Yes” to [ any part of ] the following question, your answer must be unanimous. You may answer “No” to [ any part of ] the following question only upon a vote of ten or more jurors. Otherwise, you must not answer [ that part of ] the following question. QUESTION ______ Do you find by clear and convincing evidence that the harm to Paul Payne resulted from gross negligence attributable to ABC Corporation ? “Clear and convincing evidence” means the measure or degree of proof that produces a firm belief or conviction of the truth of the allegations sought to be established. “Gross negligence” means an act or omission by Don Davis , 1. which when viewed objectively from the standpoint of Don Davis at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and 2. of which Don Davis has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.

516