PJC General Negligence 2022

I NTENTIONAL P ERSONAL T ORTS

PJC 6.6

PJC 6.6

Assault and Battery

QUESTION ______ Did Don Davis commit an assault against Paul Payne ?

A person commits an assault if he (1) intentionally, knowingly, or recklessly causes bodily injury to another; or (2) intentionally or knowingly threatens another with imminent bodily injury; or (3) intentionally or knowingly causes physical contact with another when he knows or should reasonably believe that the other will regard the contact as offensive or provocative. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 6.6 may be used in cases in which an assault or battery claim is made. Historically, assault and battery were two separate torts, but today the terms are used together or interchangeably to refer to conduct defined as “assault” in the Penal Code. The above definition is taken from Tex. Penal Code §22.01, which has been held to apply in civil as well as criminal cases. See, e.g., Wal-Mart Stores, Inc. v. Odem , 929 S.W.2d 513, 522 (Tex. App.—San Antonio 1996, writ denied); Childers v. A.S. , 909 S.W.2d 282, 292 (Tex. App.—Fort Worth 1995, writ denied). Caveat. The above instruction (identical minus the word “or” before item (2)) was used in Wal-Mart Stores, Inc. , 929 S.W.2d at 521, without objection. Because a charge should not burden the jury with surplus instructions, the Committee recognizes that there may be other ways of more succinctly submitting the conduct at issue. Damages. Foreseeability is not required in determining damages for an inten tional or knowing assault if recovery is sought for the immediate and direct conse quences of the assault. Thompson v. Hodges , 237 S.W.2d 757, 759 (Tex. App.—San Antonio 1951, writ ref’d n.r.e.).

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