PJC General Negligence 2022

T RESPASS

PJC 11.8

8. Physical impairment that, in reasonable probability, Paul Payne will sustain in the future. Answer: _______________ 9. Medical care expenses incurred in the past. Answer: _______________ 10. Medical care expenses that, in reasonable probability, Paul Payne will incur in the future. Answer: _______________ COMMENT Damages. To determine what damages, if any, are recoverable for a trespass, the type of conduct or nature of activity that causes the entry on the property must be iden tified. See Coinmach Corp. v. Aspenwood Apartment Corp. , 417 S.W.3d 909, 920–23 (Tex. 2013). Generally, one who invades or trespasses on the property rights of another, while acting in the good-faith and honest belief that he had the legal right to do so, is regarded as an innocent trespasser and liable only for the actual damages sus tained. Coinmach Corp. , 417 S.W.3d at 920–23. The measure of damages in a trespass case is the sum necessary to make the plaintiff whole, and the recovery of actual dam ages for temporary injury in a trespass is limited to the amount necessary to place the plaintiff in the position he would have been in but for the trespass, including the cost of restoration or repair of the land to its former condition, the loss of use of the land, and the loss of expected profits from use of the land. Coinmach Corp. , 417 S.W.3d at 920–23. Types of personal injury damages available. The types of damages listed above are derived from PJC 28.3, which is the basic general damages question to be used in the usual personal injury case. PJC 11.8 separately submits past and future damages. See Tex. Fin. Code § 304.1045. The “do not compensate twice” instruction is adapted from Golden Eagle Archery, Inc. v. Jackson , 116 S.W.3d 757, 770 (Tex. 2003). Mental anguish damages available for intentional trespass. Mental anguish damages are recoverable when the trespass is intentional. City of Tyler v. Likes , 962 S.W.2d 489, 497–500 (Tex. 1997). Texas courts have required a showing of deliberate and willful trespass and actual property damage before awarding damages for emo tional distress or mental anguish. Likes , 962 S.W.2d at 497–500. The appropriate ques tion can be found in PJC 11.4. Caveat on submitting physical pain and mental anguish together. To avoid concerns about improperly mixing valid and invalid elements of damages ( see Harris

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