PJC General Negligence 2022

INTRODUCTION

1. P URPOSE OF P UBLICATION The purpose of this volume, like those of the others in this series, is to assist the bench and bar in preparing the court’s charge in jury cases. It provides definitions, instructions, and questions needed to submit jury charges in actions arising from general negligence, intentional personal torts, and workers’ compensation. The pattern charges are sugges tions and guides to be used by a trial court if they are applicable and proper in a specific case. Of course, the exercise of professional judgment by the attorneys and the judge is necessary to resolve disputes in individual cases. The Committee hopes that this publica tion will prove as worthy a contribution as have the earlier Texas Pattern Jury Charges volumes. 2. S COPE OF P ATTERN C HARGES It is impossible to prepare pattern charges for every factual setting that could arise in the areas covered herein. The Committee has tried to prepare charges that will serve as guides in the usual types of litigation that might confront an attorney in a general negli gence or intentional personal torts case. However, a charge should conform to the plead ings and evidence of the particular case, and occasions will arise for the use of questions and instructions not specifically addressed here. 3. U SE OF A CCEPTED P RECEDENTS The Committee has avoided recommending changes in the law and has based this material on what it perceives the present law to be. It has attempted to foresee theories and objections that might be made in a variety of circumstances but not to favor or disfa vor a particular position. In unsettled areas, the Committee generally has not taken a position on the exact form of a charge. It has provided guidelines, however, in some areas in which there is no definitive authority. Of course, trial judges and practitioners should recognize that the Committee may have erred in its perceptions and that its rec ommendations may be affected by future appellate decisions and statutory changes. 4. P RINCIPLES OF S TYLE a. Broad form to be used when feasible. Rule 277 of the Texas Rules of Civil Pro cedure provides that “the court shall, whenever feasible, submit the cause upon broad form questions.” Accordingly, the basic questions are designed to be accompanied by one or more instructions. See Tex. R. Civ. P. 277–78. For further discussion, see PJC 33.2 regarding broad-form issues and the Casteel doctrine. b. Simplicity. The Committee has sought to follow the court’s admonition that “a workable jury system demands strict adherence to simplicity in jury charges.” Lemos v.

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