Texas PJC Malpractice 2022

P REMISES L IABILITY —T HEORIES OF R ECOVERY

PJC 66.13

Separate questions (such as PJC 66.11 and 66.13) are submitted because the respon sibility of a derivative claimant ( Fred Father ) will not bar or diminish the recovery of the primary claimant ( Mary Minor ). On the other hand, the responsibility of Mary Minor will bar or diminish the recovery of both Mary Minor and Fred Father . For this reason, the percentage of responsibility of both Mary Minor and Fred Father must be considered in determining whether the recovery of Fred Father is barred or dimin ished. Use of “injury” or “occurrence.” See PJC 66.1. The term used in PJC 66.13 should match that used in the liability question. Blanks for question numbers. The question number to be inserted in the blank space in the conditioning instruction should coincide with that of the underlying liabil ity question. Liability questions must also include derivative claimant. In cases involving a derivative claimant, the basic liability questions must also include the name of the derivative claimant along with that of the primary claimant. Settling person, contribution defendant, or responsible third party. See PJC 66.2.

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