PJC General Negligence 2022

PJC 12.6

N UISANCE

extending Porras v. Craig , 675 S.W.2d 503, 506 (Tex. 1984)). In such a circumstance, the following question derived from Gilbert Wheeler may be used: What sum of money, if paid now in cash, would fairly and reason ably compensate Paul Payne for the injury resulting from [ insert description ]? Consider only the damaged trees’ ornamental and utilitarian value. Answer in dollars and cents for damages, if any. Answer: _______________ Stigma damages. For a discussion of whether stigma damages are available in cases involving temporary injury to real property, i.e., damages representing the mar ket’s perception of a decrease in a property’s value that may continue to exist after an injury to real property has been fully repaired or remediated, see Houston Unlimited, Inc. Metal Processing , 443 S.W.3d at 824 (describing this effect as “damage to the rep utation of the realty” from a prior injury). See also Ludt , 762 S.W.2d at 576 (permitting recovery of repairs and of permanent reduction in post-repair value to real property). For personal property, the courts have often permitted this recovery. See J&D Towing , 478 S.W.3d at 656 n.28 . If a “stigma damages” recovery is permitted in a specific instance, the following language may be added to the question: 3. The difference in market value in Clay County, Texas, of the property immediately before the occurrence in question and immedi ately after the reasonable and necessary repairs were made. “Market value” is the price a willing seller not obligated to sell can obtain from a willing buyer not obligated to buy. Answer: _______________ 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 should be substituted for the instruction to consider each element separately:

Consider the following elements of damages, if any, and none other. You shall not award any sum of money on any element if you have otherwise, 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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