PJC General Negligence 2022

T RESPASS

PJC 11.7

trary authority, see Boyce Iron Works, Inc. v. Southwestern Bell Telephone Co. , 747 S.W.2d 785 (Tex. 1988) (DTPA case for real property damage; court stated that party has right to judgment on theory entitling him to most favorable relief). As a result of the possible application of the economic feasibility exception, a claimant may wish to submit evidence on both measures of damages to ensure a recovery. Another effect of the economic feasibility exception is that a defendant may wish to submit evidence on what it believes is a lesser measure of damages in an effort to trig ger the exception. See Hall v. Hubco , 292 S.W.3d 22 (Tex. App.—Houston [14th Dist.] 2006, pet. denied) (plaintiff not required to prove both measures; burden of proof is on defendant to prove that one would be lesser; court affirmed award of loss of value even though cost to repair may have been less, because there was no evidence of cost to repair); ExxonMobil Corp. v. Lazy R Ranch, L.P. , 511 S.W.3d 538 at n.5 (Tex. 2017) (citing Hall in connection with discussion on economic feasibility excep tion); Gilbert Wheeler, Inc. , 449 S.W.3d at 479 (citing Hall in connection with the con cept that damage principles apply across all causes of action). Prejudgment interest. Instructing the jury not to add interest is suggested because prejudgment interest, if recoverable, will be calculated by the court at the time of judgment. If interest paid on an obligation is claimed as an element of damages, it may be necessary to modify the instruction on interest. Elements considered separately. Golden Eagle Archery, Inc. v. Jackson , 116 S.W.3d 757, 770 (Tex. 2002), provides an instruction for cases involving undefined or potentially overlapping categories of damages. In those cases, the following language, adapted from Golden Eagle Archery, Inc. , should be substituted for the instruction to consider each element separately: Consider the elements of damages listed below and none other. Do not award any sum of money on any element if you have other wise, under some other element, awarded a sum of money for the same loss. That is, do not compensate twice for the same loss, if any.

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