Texas PJC Malpractice 2022

PJC 61.2

N ONMEDICAL M ALPRACTICE —T HEORIES OF R ECOVERY

PJC 61.2

Submission of Settling Persons, Contribution Defendants, and Responsible Third Parties (Comment)

Settling persons. The proportionate responsibility statute requires the responsi bility of a settling person ( Sam Settlor ) to be determined by the trier of fact. Tex. Civ. Prac. & Rem. Code §§ 33.003, 33.011. Thus, if the case includes a settling person, that person’s name must be included in the basic liability question as well as in the propor tionate responsibility question. Contribution defendants. If there is a contribution defendant ( Connie Contribu tor ), that person’s name should be included in the basic liability question. See Tex. Civ. Prac. & Rem. Code §§33.003, 33.011. “Contribution defendant” is defined in Tex. Civ. Prac. & Rem. Code § 33.016. However, a contribution defendant should not be included in the question compar ing the responsibility of the plaintiff with that of the other defendants. A separate com parative question is necessary. See PJC 61.8. Responsible third parties. In 2003 the legislature changed responsible third party practice from one of joinder to one of designation. See Tex. Civ. Prac. & Rem. Code § 33.004. At least one Texas court has held that it is “only upon the trial court’s granting of a motion for leave to designate a person as a responsible third party that the designation becomes effective.” Valverde v. Biela’s Glass & Aluminum Products, Inc. , 293 S.W.3d 751, 754–55 (Tex. App.—San Antonio 2009, pet. denied); see also Ruiz v. Guerra , 293 S.W.3d 706, 714–15 (Tex. App.—San Antonio 2009, no pet.). The legis lature also expanded the category of responsible third parties. Tex. Civ. Prac. & Rem. Code §§33.004, 33.011(6). “‘Responsible third party’ means any person who is alleged to have caused or contributed to causing in any way the harm for which recov ery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applica ble legal standard, or by any combination of these.” Tex. Civ. Prac. & Rem. Code § 33.011(6). Section 33.003(b) provides that a question regarding conduct by any per son may not be submitted to the jury without evidence to support the submission. Tex. Civ. Prac. & Rem. Code § 33.003(b).

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