PJC Business 2024

D AMAGES

PJC 115.3

for the same loss. That is, do not compensate twice for the same loss, if any. Prejudgment interest. Instructing the jury not to add interest is suggested because prejudgment interest, if recoverable, will be calculated by the court at the time of judgment. If interest paid on an obligation is claimed as an element of damages, it may be necessary to modify the instruction on interest. Insurance cases. If the court submits a single question like PJC 101.58 that includes liability, causation, and damages, then a separate question like PJC 115.3 is not needed to determine the amount of policy benefits that are owed. However, if con sequential damages are alleged in addition to policy benefits, then a separate question like PJC 115.3 is needed to determine the consequential damages. This question may be used to submit both direct and consequential damages in an insurance case when the court submits breach of contract questions that do not decide damages, such as PJC 101.57. The question should be modified to reflect the proper causation standard based on the insurance contract language and to instruct the jury on what damages to include and exclude. For example: QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for his [ unpaid ] damages [ , if any, ] [ that were caused (partly/solely) by/that resulted from/because of ] the [ description of covered loss, event, or cause/such failure to comply ]? Consider the following elements of damages, if any, and none other. [Insert appropriate instructions that describe the covered loss or event found in answer to PJC 101.57, and any consequential damages. See samples in PJC 115.4 and instructions in PJC 115.5.]

[ Do not include in your answer damages, if any, caused by [ describe excluded cause ].]

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