Fill and Sign the Simmons V State 1990 Supreme Court of Mississippi Form

IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFF VS. CAUSE NO. DEFENDANT S INSTRUCTION NO. The Court has previously instructed you that if you determine that a contract existed between the Plaintiff and Defendants and that if you further determine by a preponderance of the evidence that Defendants failed or refused to perform their promises and obligations under their oral contract with Plaintiff, then Defendants breached the contract, and you must return a verdict for Plaintiff. If you further find by a preponderance of the evidence that the Defendants' breach was gross and willful or the breach was attended by intentional wrong, insult, abuse or such gross negligence as amounts to an independent tort, then Plaintiff is entitled to punitive damages over and above an award of actual damages. The primary purpose in imposing punitive damages is to punish one engaged in grossly negligent conduct and to serve as a warning to such person and others to refrain from engaging in similar conduct in the future. The amount of any punitive award is in the sole discretion of the trier of fact. In punitive damage cases, attorneys' fees can be awarded as a part of the punitive damages. AUTHORITY FOR INSTRUCTION P-9 Grisham v. Hinton, 490 So.2d 1201 (Miss. 1986)