PJC General Negligence 2022

N EGLIGENCE P ER S E

PJC 5.5

QUESTION ______ Did the intoxication, if any, of Mary Minor proximately cause the occurrence in question? Answer “Yes” or “No.” Answer: _______________ Significantly, section 2.02(c) imposes liability on an adult for damages proximately caused by the intoxication of a minor. With regard to the liability of Pete Provider , however, section 2.02(c)(2) asks whether the adult knowingly provided any of the alcoholic beverages that contributed to the minor’s intoxication, as opposed to whether the conduct of the adult proximately caused the occurrence made the basis of the suit. Consequently, both of the above questions should be necessary to the determination of the liability of Pete Provider . If common-law negligence is also submitted, PJC 4.1 should be given separately for any person against whom a common-law negligence claim is submitted. For example, if a common-law negligence claim is asserted against Mary Minor , the jury should be provided with the following question: “Did the negligence of Mary Minor , if any, proximately cause the occurrence in question?” As to Mary Minor , the jury should fur ther be provided with PJC 2.1 and 2.4 regarding negligence, ordinary care, and proxi mate cause. Note that section 2.02(c) is not subject to the same exclusivity provisions that sec tion 2.03 creates for section 2.02(b).

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