PJC General Negligence 2022

T HEFT L IABILITY

PJC 7.12

PJC 7.12 Question and Instruction on Exemplary Damages Answer the following question only if you unanimously answered “Yes” to Question ______ [ 7.11 ]. Otherwise, do not answer the following question. You must unanimously agree on the amount of any award of exemplary damages. QUESTION ______ What sum of money, if any, if paid now in cash, should be assessed against Don Davis and awarded to Paul Payne as exemplary damages, if any, for the conduct found in response to Question ______ [ 7.11 ]? “Exemplary damages” means an amount that you may in your discretion award as a penalty or by way of punishment. Factors to consider in awarding exemplary damages, if any, are— 1. The nature of the wrong. 2. The character of the conduct involved. 3. The degree of culpability of Don Davis . 4. The situation and sensibilities of the parties concerned. 5. The extent to which such conduct offends a public sense of justice and propriety. 6. The net worth of Don Davis . [Insert additional instructions if appropriate. See, e.g., PJC 7.13.] Answer in dollars and cents, if any. Answer: _______________ COMMENT When to use. PJC 7.12 is used to submit exemplary damages. It should be predicated on a finding justifying the award of exemplary damages. See comments below. Source of instructions. PJC 7.12 is derived from Tex. Civ. Prac. & Rem. Code §§ 41.001(5), 41.003(d), (e), 41.011(a); and the supreme court’s March 15, 2011, effective April 1, 2011, and April 13, 2011, effective April 13, 2011, orders under Tex. R. Civ. P. 226a.

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