PJC General Negligence 2022

T HEFT L IABILITY

PJC 7.12

cess Clause requires that an additional instruction be given to protect against that risk. Philip Morris USA v. Williams , 549 U.S. 346, 355–57. For example, the defendant’s lawful out-of-state conduct may be probative on some issues in a punitive damages case in certain circumstances. State Farm Mutual Auto mobile Insurance Co. v. Campbell , 538 U.S. 408, 422 (2003). When such evidence is admitted, “[a] jury must be instructed . . . that it may not use evidence of out-of-state conduct to punish a defendant for action that was lawful in the jurisdiction where it occurred.” Campbell , 538 U.S. at 422. In addition, evidence that the defendant’s conduct risked harm to persons who are not before the court may be probative in determining the reprehensibility of that con duct. But when such evidence is admitted, the jury should be instructed that it may not punish the defendant for any harm it may have caused to persons who are not parties to the litigation. Williams , 549 U.S. at 357. Limitation on amount of recovery. Section 41.008 of the Civil Practice and Remedies Code limits recovery of exemplary damages. However, these limitations will not apply in favor of a defendant found to have “knowingly” or “intentionally” committed conduct described as a felony in specified sections of the Texas Penal Code. See Tex. Civ. Prac. & Rem. Code § 41.008(c), (d).

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