PJC Malpractice 2024

E CONOMIC D AMAGES

PJC 84.3

PJC 84.3

Economic Damages—Nonmedical Professional Malpractice

QUESTION ______ What sum of money, if paid now in cash, would fairly and reasonably com pensate Paul Payne for his loss, if any, resulting from the occurrence in ques tion? 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 compensate twice for the same loss, if any. Do not include interest on any amount of damages you find. Answer separately, in dollars and cents, for damages, if any. 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. [Insert appropriate elements of damages below.] 1. [ Element 1 ] sustained in the past. Answer: _______________ 2. [ Element 2 ] that, in reasonable probability, will be sustained in the future. Answer: _______________ When to use. PJC 84.3 may be used, along with appropriate instructions, to sub mit economic damages in a negligence action against an attorney, accountant, or archi tect. Substantive law, including the statutes, will determine the proper elements of damages in the particular professional malpractice action. The trial court must inform the jury of the proper elements and limit the jury’s consideration to those elements. Compliance with this requirement may be accomplished either by adding an explana tory instruction or by listing the proper elements as is done in a personal injury action. Instruction required. PJC 84.3 should not be submitted without an instruction on the appropriate measures of damages. See PJC 84.4 for sample instructions in a COMMENT

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