home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
AOL File Library: 9,300 to 9,399
/
9300.zip
/
AOLDLs
/
Court TV Trial Documents
/
Weeks_Baker & McKenzie Punitive
/
JURY2
< prev
Wrap
Text File
|
2014-12-11
|
4KB
|
84 lines
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE CITY OF AND COUNTY OF SAN FRANCISCO
DEPARTMENT NO. 3
RENA WEEKS, Plaintiff
v.
BAKER & McKENZIE and MARTIN R. GREENSTEIN, Defendants
Case No. 943043
You must now determine whether you should award punitive
damages against either or both of the defendants for the sake of
example and by way of punishment. Whether punitive damages
should be imposed, and if so, the amount thereof, is left to
your sound discretion, exercised without passion or prejudice.
If you determine that punitive damages should be assessed
against a defendant, in arriving at the amount of such an award,
you must consider:
(1) The reprehensibility of the conduct of the defendant.
(2) The amount of punitive damages which will have a
deterrent effect on the defendant in the light of defendant's
financial condition.
(3) That the punitive damages must bear a reasonable
relation to the injury, harm, or damage actually suffered by the
plaintiff.
On the issue of punitive damages, you are to consider the
case of each defendant separately. You may decide not to award
any such damages against either defendant. Alternatively, you may
decide to award such damages against both defendants or against
one defendant but not the other defendant. If you decide to
award punitive damages against both defendants, the amount which
you award against one defendant need not be the same as the
amount awarded against the other defendant. The decisions in
these matters are left to your sound discretion under the
instructions that I am giving to you.
You may not make any award to the plaintiff for
attorneys' fees. After the trial is over, the Court will
determine whether plaintiff is entitled to recover attorneys'
fees and, if so, in what amount. In short, the subject of
attorneys' fees may not play any part in your deliberations or
consideration of this case.
You must decide all questions in Phase 2 from the
evidence received in this trial, whether in Phase 1 or Phase 2,
and not from any other source. As I previously have told you,
where counsel have stipulated to a fact, you must treat that
fact as having been conclusively proved.
You must not make any independent investigation of the
facts or the law or consider facts as to which there is no
evidence. This means, for example, that if you have learned
anything about this case from the media or from any comments you
have heard outside this courtroom, you may not discuss any such
information during your deliberations, and you may not consider
any such information in reaching your verdict.
You have heretofore returned your verdict on the issues
of liability and actual damages in favor of the plaintiff
against the defendants. Now, you shall retire and deliberate on
the issue of punitive damages.
The foreperson previously selected may preside over your
deliberations or you may elect to choose a new foreperson.
All jurors should participate in all deliberations and
vote on each issue to the extent required by the instructions on
the form of verdict which will be provided to you. Answer the
questions according to the directions on the form. If nine or
more can agree on the answers, you shall return a Special
Verdict in the form of written answers to questions on the form
you will be given.
As soon as nine or more jurors have agreed upon a verdict
on the issue of punitive damages, have it signed and dated by
your foreperson and then return with it to this room. It need
not be the same nine or more jurors who agree upon each answer
to the questions. Each of you may be asked in open court how you
voted on each question which you answered. If so, each juror
must be able to state truthfully that the answer does or does
not express his or her vote.
If you have any questions of the Court you may
communicate with me by putting your questions in writing and
delivering them to the bailiff.