PJC Malpractice 2024

PJC 85.12

E XEMPLARY D AMAGES

PJC 85.12

Question and Instructions—Fraudulent Securing of Document Execution as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(11))

Answer the following question only if you unanimously answered “Yes” to Question ______ [ predicate liability question ]. Otherwise, do not answer the

following question. QUESTION ______

Did Don Davis , with the intent to defraud or harm, cause another person, without that person’s effective consent, to sign any document affecting prop erty [ and was the value of the property affected $2,500 or more ]? A person acts “intentionally,” or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. “Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if induced by deception or coercion . “Deception” means creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction and that the actor does not believe to be true. “Property” means (a) real property; (b) tangible or intangible personal property, including anything severed from land; or (c) a document, including money, that represents or embodies anything of value. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 85.12 should be used in a case in which (1) exemplary dam ages are sought, (2) the harm to the plaintiff is alleged to have resulted from conduct described as a felony in Tex. Penal Code § 32.46, and (3) the jury has previously found that the defendant committed conduct authorizing recovery of exemplary damages as set out in Tex. Civ. Prac. & Rem. Code §41.003. See Tex. Civ. Prac. & Rem. Code §41.008(c)(11). If the jury finds conduct that violates Tex. Penal Code §32.46, and that conduct rises to the level of a felony, the limitations on exemplary damages

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