section 908

Citation: section 908
Parent Document: Patrick Blanks v. Fluor Corporation (2014)
Jurisdiction: Missouri (state)
Effective Date: 2014-06-17
Original Source: https://www.courtlistener.com/opinion/2678642/patrick-blanks-v-fluor-corporation/ ↗

Full Text

1,769 chars

66
  Each child used the same three verdict directors, the only difference being the insertion of the particular
child’s name. The verdict director submitting the claim for punitive damages against Fluor reads:
                   If you find in favor of plaintiff (---) and against defendant Fluor Corporation
         under Instruction Number ___ [domination compensatory verdict director for the
         particular child] and ___ [partner compensatory verdict director for the particular child],
         and if you believe that:
                   First, defendant Fluor Corporation allowed plaintiff (---), a resident of
         Herculaneum, to be exposed to unsafe levels of lead which originated from the smelter
         operations before March 26, 1994, and
                   Second, before March 26, 1994, defendant Fluor Corporation knew or had
         information from which it, in the exercise of ordinary care, should have known that such
         conduct created a high degree of probability of injury, and
                   Third, defendant Fluor Corporation thereby showed complete indifference to or
         conscious disregard for the safety of others,
         then in Verdict _, you may find that defendant Fluor Corporation is liable for punitive
         damages.
                   You may consider risk of harm to others in determining whether defendant Fluor
         Corporation’s conduct showed complete indifference to or conscious disregard for the
         safety of others.
                   If you find that defendant Fluor Corporation is liable for punitive damages in
         this stage of the trial, you will be given further instructions for assessing the amount of
         punitive damages in the second stage of the trial.

Other Sections in This Document (3438)

Full Text