PJC General Negligence 2022

PJC 11.5

T RESPASS

measure of damages. Practitioners should consider whether the burden-of-proof instructions in PJC 1.3 should be modified in relation to PJC 11.5. Consequences of classification. The distinction between temporary and perma nent injury to real property interests determines (1) the type of damages that may be recovered, (2) whether damages are available for future or only past injuries, (3) whether one or a series of suits is required, and (4) whether claims accrue with the first or each subsequent injury and thus when limitations begins. Gilbert Wheeler, Inc. , 449 S.W.3d at 478 (quoting Schneider National Carriers, Inc. , 147 S.W.3d at 275). Gener ally, a temporary injury allows recovery of the amount necessary to repair the injury while a permanent injury allows recovery of loss of market value of the property. Gil bert Wheeler, Inc. , 449 S.W.3d at 479. See PJC 12.5 and 12.6 for damages questions and exceptions to the general rule; see PJC 11.7 for additional damages questions and intrinsic value of trees damages.

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