PJC Malpractice 2024

PJC 81.5

W RONGFUL D EATH D AMAGES

4. Loss of companionship and society that, in reasonable probability, will be sustained in the future by Paul Payne Answer: _______________ Mary Payne Answer: _______________ 5. Mental anguish sustained in the past by Paul Payne Answer: _______________ Mary Payne Answer: _______________ “Mental anguish” means the emotional pain, torment, and suffering experienced by Paul Payne and Mary Payne because of the death of Paul Payne, Jr. 6. Mental anguish that, in reasonable probability, will be sustained in the future by Paul Payne Answer: _______________ Mary Payne Answer: _______________ In determining damages for elements 3, 4, 5, and 6, you may consider the relationship between Paul Payne, Jr. and his parents, their living arrangements, any extended absences from one another, the harmony of their family relations, and their common interests and activities. COMMENT When to use. PJC 81.5 submits the claim of the surviving parents for the death of their minor child in a wrongful death action under Tex. Civ. Prac. & Rem. Code §§ 71.001–.012. Moore v. Lillebo , 722 S.W.2d 683 (Tex. 1986); Sanchez v. Schindler , 651 S.W.2d 249 (Tex. 1983). 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). Earnings of minor child. The earnings of a minor child are subject to the “joint management, control, and disposition of the parents.” Tex. Fam. Code §3.103. The Committee expresses no opinion on whether pecuniary loss under elements 1 and 2 should be awarded jointly to the parents or to each parent separately, unless the parents are separated or divorced. See Tex. Civ. Prac. & Rem. Code § 71.010(b). Loss of inheritance. In the unlikely event that there is a valid claim for loss of inheritance in this situation, see PJC 81.3 and 81.4 comments, “Loss of inheritance.”

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