PJC Malpractice 2024

J OINT AND S EVERAL L IABILITY

PJC 72.13

PJC 72.13

Question and Instructions—Fraudulent Destruction, Removal, Alteration, or Concealment of Writing as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(L))

QUESTION ______ Did Don Davis , with the specific intent to do harm to others, act in concert with [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in concert ] to commit fraudulent destruction, removal, alteration, or con cealment of writing that was a proximate cause of the damages, if any, to Paul Payne ? Don Davis acts with specific intent to do harm with respect to the nature of Don Davis ’s conduct and the result of [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in concert ]’s conduct when it is [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in con cert ]’s conscious effort or desire to engage in the conduct for the purpose of doing substantial harm to others. A person commits the offense of fraudulent destruction, removal, alteration, or concealment of writing if, with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, other than a governmental record. “Writing” includes— 1. printing or any other method of recording information; and 2. money, coins, tokens, stamps, seals, credit cards, badges, and trade marks; and 3. symbols of value, right, privilege, or identification; and 4. universal product codes, labels, price tags, or markings on goods. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 72.13 tracks a provision of the Texas Penal Code (Tex. Penal Code §32.47), as provided for in the Texas Civil Practice and Remedies Code. Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(L).

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