PJC Malpractice 2024

J OINT AND S EVERAL L IABILITY

PJC 72.15

PJC 72.15

Question and Instructions—Continuous Sexual Abuse of a Young Child or Disabled Individual as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(N))

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 continuous sexual abuse of a [ young child ] [ dis abled individual ] 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 continuous sexual abuse of a [ young child ] [ disabled indi vidual ] if— 1. during a period that is thirty or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and 2. at the time of the commission of each of the acts of sexual abuse, the actor is seventeen years of age or older and the victim is [ a child younger than fourteen years of age, regardless of whether the person knows the age of the child at the time of the offense ] [ a disabled individual ]. [Include the following if appropriate.] “Disabled individual” means a person older than thirteen years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self. Answer “Yes” or “No.” Answer: _______________

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