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IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI AND PLAINTIFF/COUNTER -DEFENDANTV.NO. DEFENDANT/ COUNTER-PLAINTIFF JURY INSTRUCTION NO. D You are instructed that there are two different types of damages, that is, awards of money: "compensatory" and "punitive."Compensatory damages are awards of money that compensate a party for the actual damages incurred as a result of the acts or omissions of a liable party.Punitive damages are awards of money over and above the amount necessary to fully compensate a party; they are intended to punish a wrongdoer, reward a party who has rendered a public service by bringing the wrongdoer to account, and deter others from engaging in similar wrongdoing.Punitive damages are recoverable in this action only if you find, by clear and convincing evidence, that and acted maliciously, or wantonly, or oppressively in filing this action against .An act is "maliciously" done if prompted or accompanied by ill-will, or spite, or grudge, or the act was an intentional wrong, abuse, gross negligence or done with a reckless disregard to the rights of another.An act is "wantonly" done if done in reckless disregard or indifference to the rights of another. An act is "oppressively" done if done in a way or manner which injures, damages, or otherwise violates the rights of another person with unnecessary harshness or severity, as by misuse or abuse of authority or power, or by taking advantage of some weakness, or disability or misfortune of another person. IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI AND PLAINTIFF/COUNTER -DEFENDANTV.NO. DEFENDANT/ COUNTER-PLAINTIFF JURY INSTRUCTION NO. D You are instructed that the amount of compensatory damages that you may award a party is the amount of money which, if paid now in cash, tax-free, would compensate the injured party for an actual loss Incurred as a proximate result of the other party's actions. To receive compensatory damages, a party must prove with a reasonable degree of certainty the amount of damages suffered as a result of the other party's actions. The amount of damages may not be based on speculation or conjecture. Unless you find that the requesting party has proven, with a reasonable degree of certainty, the amount of actual loss incurred as a proximate result of the other party's actions, you may not render an award of compensatory damages for the requesting party. Authority for Defendants' Request Jury Instruction No. DPolk v. Sexton, 613 So.2d 841, 844 (Miss. 1593).Eastland v. Gregor~ 530 So.2d 172, 174 (Miss. 1988).Lovett v. E. L. Garner, Inc., 511 So.2d 1346, 1353 (Miss. 1987).

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