PJC Malpractice 2024

PJC 81.3

W RONGFUL D EATH D AMAGES

Prejudgment interest not recoverable on loss of inheritance. Prejudgment interest is not recoverable for element 7, loss of inheritance. Yowell , 703 S.W.2d at 636. Loss of inheritance and pecuniary loss. If element 7 is not submitted, the phrase excluding loss of inheritance should be omitted from the definition following element 1. See Moore , 722 S.W.2d 683. Remarriage does not diminish recovery. Evidence of a spouse’s ceremonial remarriage is admissible. Tex. Civ. Prac. & Rem. Code §71.005. However, the eco nomic circumstances of a new marriage are not admissible to diminish damages that are recoverable. See Richardson v. Holmes , 525 S.W.2d 293 (Tex. App.—Beaumont 1975, writ ref’d n.r.e.). The U.S. Court of Appeals for the Fifth Circuit has held that a person is entitled to an instruction that remarriage is not a factor to consider in assess ing damages. Conway v. Chemical Leaman Tank Lines, Inc. , 525 F.2d 927 (5th Cir. 1976); see also Bailey v. Southern Pacific Transportation Co. , 613 F.2d 1385 (5th Cir. 1980). Separate answer for each element. Economic damages must be determined “separately from the amount of other compensatory damages.” Tex. Civ. Prac. & Rem. Code §41.008(a). Additionally, broad-form submission of multiple elements of dam ages may lead to harmful error if there is a proper objection raising insufficiency of the evidence to support one or more of the elements submitted. Harris County v. Smith , 96 S.W.3d 230 (Tex. 2002). If there is any question about the sufficiency of the evidence to support one or more of the elements, the Committee recommends that the elements of damages be separately submitted to the jury as above. Broad-form submission of elements. When separate answers are not required, the following broad-form question may be appropriate. QUESTION ______ What sum of money, if paid now in cash, would fairly and reason ably compensate Mary Payne for her damages, if any, resulting from the death of Paul Payne ? Consider the elements of damages listed below and none other. Consider each element separately. Do not award any sum of money on any element if you have otherwise, under some other element, awarded a sum of money for the same loss. That is, do not compen sate twice for the same loss, if any. Do not include interest on any amount of damages you find. Do not reduce the amounts, if any, in your answers because of the negligence, if any, of Paul Payne . Any recovery will be determined by the court when it applies the law to your answers at the time of judgment.

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