PJC Malpractice 2024

PJC 85.2

E XEMPLARY D AMAGES

(1) the principal authorized the doing and the manner of the act; (2) the agent was unfit and the principal acted with malice in employ ing or retaining him; (3) the agent was employed in a managerial capacity and was acting in the scope of employment; or (4) the employer or a manager of the employer ratified or approved the act. Tex. Civ. Prac. & Rem. Code § 41.005(c). See also Bennett , 315 S.W.3d at 883–84. Malice as a ground for exemplary damages. Malice is also a ground for recov ery of exemplary damages. See Tex. Civ. Prac. & Rem. Code § 41.003(a)(3). Definitions of “gross negligence” and “malice.” See PJC 85.1. Unanimity instructions. Exemplary damages may be awarded only if the jury was unanimous in regard to finding liability for and the amount of exemplary dam ages. Tex. Civ. Prac. & Rem. Code § 41.063(d). See also Tex. Civ. Prac. & Rem. Code §§ 41.001(7), (11), 41.003(a), 41.004(a); Tex. R. Civ. P. 226a.

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