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Try CasePortal for FreeJ. Windhorst vacates the $10 million award in exemplary damages to a car driver who was injured in an accident with an 18-wheeler tractor-trailer truck. The statutory purpose of exemplary damages is to punish and deter and should be assessed on the truck driver's conduct instead of the plaintiff’s injuries. In this case, the truck driver was driving impaired with a level of Xanax beyond the therapeutic range during the morning rush hour. However, the truck driver's financial situation is greatly disproportionate to the jury’s exemplary damage award. Based on the truck driver's financial situation, the amount of compensatory damages awarded to the car driver, and other exemplary damage awards, the $10 million exemplary damage award is excessive. Therefore, an award of $1.5 million dollars is sufficient to satisfy the objectives of an exemplary damage award. Reversed in part.