PJC Malpractice 2024

PJC 81.3

W RONGFUL D EATH D AMAGES

5. Mental anguish sustained in the past. “Mental anguish” means the emotional pain, torment, and suffering experienced by Mary Payne because of the death of Paul Payne . Answer: _______________ 6. Mental anguish that, in reasonable probability, will be sustained in the future. Answer: _______________ In determining damages for elements 3, 4, 5, and 6, you may consider the relationship between Mary Payne and Paul Payne , their living arrangements, any extended absences from one another, the harmony of their family relations, and their common interests and activities. 7. Loss of inheritance. “Loss of inheritance” means the loss of the present value of the assets that the deceased, in reasonable probability, would have added to the estate and left at natural death to Mary Payne . Answer: _______________ COMMENT When to use. PJC 81.3 submits the claim of the surviving spouse for the death of his or her spouse in a wrongful death action under Tex. Civ. Prac. & Rem. Code §§ 71.001–.012. Estate of Clifton v. Southern Pacific Transportation Co. , 709 S.W.2d 636 (Tex. 1986); see also Moore v. Lillebo , 722 S.W.2d 683 (Tex. 1986) (definition of “mental anguish” and instruction on mental anguish and loss of companionship and society). The above question separately submits past and future damages. See Tex. Fin. Code §304.1045. The “do not compensate twice” instruction is adapted from Golden Eagle Archery, Inc. v. Jackson , 116 S.W.3d 757, 770 (Tex. 2003). Loss of inheritance. Element 7 should be included in the question if there is a claim for loss of inheritance. Yowell v. Piper Aircraft Corp. , 703 S.W.2d 630 (Tex. 1986). The definition is substantially as it was stated in Yowell at 633. There may be instances in which additional definitions and instructions are appropriate because, under the laws of intestacy, whether property is left to a surviving spouse could depend on whether the property is separate or community, on whether the property is real or personal, and on which other family members survive the decedent. See comments below.

346