Texas PJC Malpractice 2022

J OINT AND S EVERAL L IABILITY

PJC 72.5

PJC 72.5

Question and Instructions—Aggravated Assault as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(D))

QUESTION ______ Did Don Davis , with the specific intent to do harm to others, act in concert with [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in concert ] to commit aggravated assault that was a proximate cause of the damages, if any, to Paul Payne ? Don Davis acts with specific intent to do harm with respect to the nature of Don Davis ’s conduct and the result of [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in concert ]’s conduct when it is [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in con cert ]’s conscious effort or desire to engage in the conduct for the purpose of doing substantial harm to others. “Aggravated assault” means a person commits assault and the person— 1. causes serious bodily injury to another, including the person’s spouse; or 2. uses or exhibits a deadly weapon during the commission of the assault. “Assault” means that a person— 1. intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; or 2. intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or 3. intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. Answer “Yes” or “No.” Answer: _______________

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