PJC General Negligence 2022
B ASIC N EGLIGENCE Q UESTIONS
PJC 4.1
liability question as well as in the proportionate responsibility question. See PJC 4.3. Section 33.003(b) provides that a question regarding conduct by any person may not be submitted to the jury without evidence to support the submission. Tex. Civ. Prac. & Rem. Code § 33.003(b). Responsible third parties. In 2003 the legislature changed responsible third party practice from one of joinder to one of designation. See Tex. Civ. Prac. & Rem. Code § 33.004. At least one Texas court has held that it is “only upon the trial court’s granting of a motion for leave to designate a person as a responsible third party that the designation becomes effective.” Valverde v. Biela’s Glass & Aluminum Products, Inc. , 293 S.W.3d 751, 754–55 (Tex. App.—San Antonio 2009, pet. denied); see also Ruiz v. Guerra , 293 S.W.3d 706, 714–15 (Tex. App.—San Antonio 2009, no pet.). The legis lature also expanded the category of responsible third parties. Tex. Civ. Prac. & Rem. Code §§33.004, 33.011(6). “‘Responsible third party’ means any person who is alleged to have caused or contributed to causing in any way the harm for which recov ery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applica ble legal standard, or by any combination of these.” Tex. Civ. Prac. & Rem. Code § 33.011(6). Section 33.003(b) provides that a question regarding conduct by any per son may not be submitted to the jury without evidence to support the submission. Tex. Civ. Prac. & Rem. Code § 33.003(b). Contribution defendant. If there is a contribution defendant ( Connie Contribu tor ), that person’s name should be included in the basic liability question. See Tex. Civ. Prac. & Rem. Code §§33.003, 33.011. “Contribution defendant” is defined in Tex. Civ. Prac. & Rem. Code §33.016. However, a pure contribution defendant—that is, one not otherwise joined or designated a responsible third party under the applicable version of Tex. Civ. Prac. & Rem. Code §33.004—must not be included in the main proportionate responsibility question (PJC 4.3), but instead requires a separate ques tion comparing the contribution defendant’s percentage of responsibility with the responsibility of the defendant. See PJC 4.4. Employer immunity under Workers’ Compensation Act. Changes in the law of proportionate responsibility and how “responsible third party” is defined affecting cases filed on or after July 1, 2003, may require that the negligence of an employer, even one covered by workers’ compensation insurance, be submitted to the jury for its consideration. See Tex. Civ. Prac. & Rem. Code §33.011; In re Unitec Elevator Ser vices Co. , 178 S.W.3d 53, 58 n.5 (Tex. App.—Houston [1st Dist.] 2005, orig. proceed ing); see also In re Lewis Casing Crews, Inc. , No. 11-14-00137-CV, 2014 WL 3398170, at *4 n.2 (Tex. App.—Eastland July 10, 2014, orig. proceeding). Exceptions to the limitations on joint and several liability. The limitations on joint and several liability set forth in chapter 33 of the Civil Practice and Remedies Code do not apply in certain instances. See Tex. Civ. Prac. & Rem. Code § 33.013. See
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