Texas PJC Malpractice 2022

J OINT AND S EVERAL L IABILITY

PJC 72.1

PJC 72.1

Application—Joint and Several Liability as a Consequence of Certain Penal Code Violations (Comment)

The Texas Civil Practice and Remedies Code provides that if “the defendant, with the specific intent to do harm to others, acted in concert with another person to engage in the conduct described in the following provisions of the Penal Code and in doing so proximately caused the damages legally recoverable by the claimant,” that defendant is jointly and severally liable. Tex. Civ. Prac. & Rem. Code § 33.013(b)(2). Because there are several different sections of the Penal Code listed in section 33.013(b), it is important to submit questions, instructions, and definitions that are applicable to the particular Penal Code section on which the claimant relies to estab lish joint and several liability. Questions under this chapter should come after the proportionate liability question. Moreover, as “proximate cause” is used in all questions under this chapter, that term should be defined in the charge.

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