In McGregor v. Barton Sand & Gravel, Inc., 62 Ore. App. 24, 660 P.2d 175 (1983), the trial court erred in submitting a jury instruction that would have permitted the jury to award punitive damages on a finding that the defendants had trespassed with only "reckless indifference." 62 Ore. App. at 27. The Court explained that, while the jury could have found that the defendants did not act with deliberate disregard for the plaintiff's rights pertaining to the trespass claim, evidence existed from which the jury could have found that defendants did, in fact, act with deliberate disregard. 62 Ore. App. at 30. Therefore, on remand of the punitive damages claim, we noted that "the questions on remand are both whether punitive damages are warranted by defendants' conduct and, if so, what if any amount plaintiffs should recover as punitive damages." 62 Ore. App. at 35.