7.1.3.010 Judgment of Court or jury

(a) At the conclusion of the proceeding, the Court of Jury shall render a judgment in favor of the plaintiff, if allegations are proved beyond a preponderance of the evidence or other standard of proof found applicable, or the defendant, if the allegations are not so prove, in such amount or order such other relief as the evidence and the law may require or as the jury may find. The Court or jury may also find for the defendant against a third party under a cross-claim or a third party defendant under a cross-claim. In a damage case:

(1) Where the injury inflicted was the result of carelessness of the defendant, the judgment shall fairly compensate the injured party of the loss suffered.

(2) Where the injury was willfully inflicted, the judgment may impose an additional penalty upon the defendant for the benefit of the injured party, not to exceed triple the amount of the judgment.

(3) Where the plaintiff and defendant were both at fault, the judgment shall be at the discretion of the court or jury.