7.16 Negligence – Acts or Misconduct are Willful, Wanton or Malicious or In Reckless Disregard of One’s Safety or Are Intentional Acts
In this case, (one party) alleges that the acts of misconduct of (other party) were willful, wanton or malicious, or intentional. If you find that the act, or failure to act, by that party was willful, wanton or malicious, or intentional conduct and that her/his action, or inaction substantially contributed to the harm, then you are to apportion the fault of all parties. In other words, you are to apportion the total responsibility to each party depending on the degree of fault you assess to each party, including the fault attributable to a willful, wanton or malicious tortfeasor or a tortfeasor who acts in reckless disregard of one’s safety, or a tortfeasor who acts intentionally.
