In determining the amount of punitive damages, if any, to be awarded, the trier of fact:

(1)        Shall consider the purposes of punitive damages set forth in N.C. Gen. Stat. § 1D-1; and

(2)        May consider only that evidence that relates to the following:

a.         The reprehensibility of the defendant‘s motives and conduct.

b.         The likelihood, at the relevant time, of serious harm.

c.         The degree of the defendant‘s awareness of the probable consequences of its conduct.

d.         The duration of the defendant’s conduct.

e.         The actual damages suffered by the claimant.

f.          Any concealment by the defendant of the facts or consequences of its conduct.

g.         The existence and frequency of any similar past conduct by the defendant.

h.         Whether the defendant profited from the conduct.

i.          The defendant’s ability to pay punitive damages, as evidenced by its revenues or net worth. (1995, c. 514, s. 1.)