PJC Malpractice 2024

S URVIVAL D AMAGES

PJC 82.1

PJC 82.1 Survival Damages—Instruction Conditioning Damages Questions on Liability Answer Question _____ [ the damages question ] if you answered “Yes” for Don Davis to Question _____ [ the liability question ] and answered: 1. “No” for Paul Payne to Question _____ [ the liability question ], or 2. 50 percent or less for Paul Payne to Question _____ [ the percent age causation question ]. Otherwise, do not answer Question _____ [ the damages question ]. COMMENT When to use. PJC 82.1 may be used to condition answers to survival damages questions on a finding of liability as permitted by Tex. R. Civ. P. 277. See H.E. Butt Grocery Co. v. Bilotto , 985 S.W.2d 22 (Tex. 1998). Multiple plaintiffs. For multiple plaintiffs, the instruction should precede the cluster of damages questions for each plaintiff. Multiple defendants. For multiple defendants, Don Davis should be replaced with any of the defendants .

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