[Name of plaintiff] also seeks to recover [attorney fees and costs/
[and] damages for [name of decedent]’s pain and suffering]. To
recover these remedies, [name of plaintiff] must prove all of the
requirements for the physical abuse by clear and convincing
evidence, and must also prove by clear and convincing evidence
that [[name of individual defendant]/[name of employer defendant]’s
employee] acted with [recklessness/oppression/fraud/ [or] malice]
in physically abusing [name of plaintiff].
[If [name of plaintiff] proves the above, I will decide the amount of
attorney fees and costs.]
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