Provocation must be submitted to the jury as a basis for mitigating punitive damages.

Evidence

The refusal to charge this request obviously eliminated from the case all consideration by the jury of the question of provocation to which we have adverted, and which was properly a subject for their consideration, as a basis for mitigation of damages. The doctrine which requires the court to submit to the jury the question of provocation, in cases where the complaining party insists upon punitive or exemplary damages, is settled beyond controversy by the great trend of adjudication in this country. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1190

Categorization

• DEFINE: Establishes the doctrine that provocation is a mandatory jury consideration in cases seeking punitive or exemplary damages.
• corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1190