13-413. Liability of employer or co-employee defendant.
____________________ (defendant employer or co-employee), is responsible only for damages caused to _________________ (plaintiff) only if _____________________ (employer or co-employee) intentionally or willfully injured ____________________ (plaintiff).
__________________ (employer or co-employee) acted intentionally if [he] [she] [it] [committed an act] [or] [failed to act] when [he] [she] [it] knew or should have known, under the conditions existing at the time, that _________________ (plaintiff) was substantially certain to be injured as a result.
__________________ (employer or co-employee) acted willfully if [he] [she] [it]:
(1) intentionally [acted] [or] [failed to act], without just cause or excuse in a way reasonably expected to result in injury to _________________ (plaintiff); and
(2) either expected the injury to occur or utterly disregarded the consequences of [his] [her] [its] [act] [or] [failure to act].
DIRECTION FOR USE
This instruction is to be used whenever the plaintiff is suing an employer or co-employee for injuries suffered in the course and scope of employment.
[Approved, effective March 21, 2005.]