PJC General Negligence 2022

T RESPASS

PJC 11.7

PJC 11.7

Diminution in Market Value (Permanent Injury to Property)—Questions and Instructions

QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for the injury proximately caused by the trespass? Consider only the difference in market value of Paul Payne ’s [ insert description of real or personal property ] proximately caused by the trespass. “Market value” is the price a willing seller not obligated to sell can obtain from a willing buyer not obligated to buy. The difference in market value is the decrease in market value in the time immediately before and immediately after the act(s) or omission(s) occurred. “Proximate cause” means a cause that was a substantial factor in bringing about an [ injury ] and without which cause such [ injury ] would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the [ injury ], or some similar [ injury ], might reasonably result therefrom. There may be more than one proximate cause of an [ injury ]. Do not include interest on any amount of damages you find. Answer in dollars and cents for damages, if any. Answer: _______________ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for the mental anguish resulting from the trespass? Answer in dollars and cents for damages, if any. Answer: _______________ COMMENT When to use. PJC 11.7 submits the measure of damages recoverable for perma nent injury and should be conditioned on a “Yes” answer to prior liability questions. Source of questions and instructions. PJC 11.7 is derived from Gilbert Wheeler, Inc. v. Enbridge Pipelines (E. Tex.), L.P. , 449 S.W.3d 474 (Tex. 2014); Schneider National Carriers, Inc. v. Bates , 147S.W.3d 264, 276 (Tex. 2004); Bluestone Natural Resources II, LLC v. Randle , 620 S.W.3d 380, 388 (Tex. 2021) (defining market

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