PJC Malpractice 2024

E XEMPLARY D AMAGES

PJC 85.3

PJC 85.3

Determining Amount of Exemplary Damages

Answer the following question regarding Don Davis only if you unani mously answered “Yes” to Question ______ [ 85.1 or other question authoriz ing potential recovery of punitive damages ] regarding Don Davis . Otherwise, do not answer the following question regarding Don Davis . QUESTION ______ You are instructed that you must unanimously agree on the amount of any award of exemplary damages. What sum of money, if any, should be assessed against Don Davis and awarded to Paul Payne as exemplary damages for the conduct found in response to Question ______ [ question authorizing potential recovery of puni tive damages ] [ or, in a wrongful death or survival action, for the death of Mary Payne ]? “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes. Exemplary damages includes punitive damages. Factors to consider in awarding exemplary damages, if any, are— 1. The nature of the wrong. 2. The character of the conduct involved. 3. The degree of culpability of the wrongdoer. 4. The situation and sensibilities of the parties concerned. 5. The extent to which such conduct offends a public sense of justice and propriety. 6. The net worth of Don Davis . Answer in dollars and cents, if any. Answer: _______________

COMMENT When to use. PJC 85.3 should be used to determine the amount of exemplary damages.

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