PJC General Negligence 2022

PJC 10.15

A GENCY AND S PECIAL R ELATIONSHIPS

(2) the agent was unfit and the principal acted with malice in employ ing or retaining him; (3) the agent was employed in a managerial capacity and was acting in the scope of employment; or (4) the employer or a manager of the employer ratified or approved the act. Tex. Civ. Prac. & Rem. Code § 41.005(c). See also Bennett , 315 S.W.3d at 883–84. Source of definition of “gross negligence.” See PJC 4.2 and Comment. Unanimity instructions. PJC 10.15 is for use in all cases filed on or after Sep tember 1, 2003. Tex. R. Civ. P. 226a. Please note that in a case with only one defen dant, the any part of language may be unnecessary.

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