PJC General Negligence 2022

PJC 11.8

T RESPASS

County v. Smith , 96 S.W.3d 230, 234 (Tex. 2002)), when the sufficiency of the evi dence to support either physical pain or mental anguish is in question, separate sub mission of those items may avoid the need for a new trial if a sufficiency challenge is upheld on appeal. See Katy Springs & Manufacturing, Inc. v. Favalora , 476 S.W.3d 579, 597–99, 610–11 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) (although challenge to separate submission was waived, separate awards allowed modification of judgment, rather than remand for new trial, where evidence of future mental anguish was legally insufficient). The Texas Supreme Court has yet to decide the issue. Reasonable expenses and necessary medical care. If there is a question whether medical expenses are reasonable or medical care is necessary, the following should be substituted for elements 9 and 10: 9. Reasonable expenses of necessary medical care incurred in the past. Answer: _______________ 10. Reasonable expenses of necessary medical care that, in rea sonable probability, Paul Payne will incur in the future. Answer: _______________ Medical care expenses may also be replaced by the specific items (e.g., physicians’ fees , dental fees , chiropractic fees , hospital bills , medicine expenses , nursing services’ fees ) raised by the evidence. In an appropriate case, the phrase health-care expenses may replace medical care expenses .

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