PJC Business

PJC 102.21

DTPA/I NSURANCE C ODE

PJC 102.21 Question and Instructions on Knowing or Intentional Conduct If you answered “Yes” to Question ______ [ 102.1, 102.7, 102.8, or 102.14 ], then answer the following question. Otherwise, do not answer the following question. QUESTION ______ Did Don Davis engage in any such conduct knowingly [ intentionally ]? “Knowingly” means actual awareness, at the time of the conduct, of the fal sity, deception, or unfairness of the conduct in question or actual awareness of the conduct constituting a failure to comply with a warranty. Actual awareness may be inferred where objective manifestations indicate that a person acted with actual awareness. [And/or insert definition of “intentionally.”] In answering this question, consider only the conduct that you have found was a producing cause of damages to Paul Payne . Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 102.21 is to be used if there is evidence that the defendant knowingly or intentionally engaged in conduct that violates the DTPA or Insurance Code. See Tex. Bus. & Com. Code § 17.50(b)(1) (DTPA); Tex. Ins. Code § 541.152(b) (formerly Tex. Ins. Code art. 21.21, § 16(b)(1)). The Insurance Code allows the jury to award up to three times the plaintiff’s actual damages if the defendant acted “knowingly.” Tex. Ins. Code § 541.152(b). In contrast, the DTPA distinguishes between economic damages and mental anguish damages. A finding that the defendant acted “knowingly” allows discretionary trebling only of the plaintiff’s economic damages. Discretionary trebling of both economic damages and mental anguish damages is allowed only if the defendant acted intentionally. DTPA § 17.50(b)(1). Broad-form submission. PJC 102.21 is a broad-form question designed to be accompanied by one or more appropriate instructions. Tex. R. Civ. P. 277 requires that “the court shall, whenever feasible, submit the cause upon broad-form questions.” Tex.

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