Texas PJC Malpractice 2022

PJC 66.9

P REMISES L IABILITY —T HEORIES OF R ECOVERY

gross negligence (element 3) is taken from section 41.001(11) of the Texas Civil Prac tice and Remedies Code (definition of “gross negligence”). An affirmative answer by the jury to the above question provides a basis for recovering only actual damages. If a plaintiff seeks both actual and exemplary damages, both PJC 66.9 and PJC 85.3 are required. The jury must unanimously answer “Yes” to PJC 66.9 as a condition to sub mitting the exemplary damages question, and the jury must be unanimous in its award of exemplary damages. See Tex. Civ. Prac. & Rem. Code § 41.003(d).

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