Texas PJC Malpractice 2022

Introduction

g. Hypothetical examples. The names of hypothetical parties and facts have been italicized to indicate that the names and facts of the particular case should be sub stituted. In general, the names Paul Payne and Mary Payne have been used for plain tiffs, and Don Davis for the defendant . In wrongful death and survival cases, Mary Payne is also used for the decedent. Dr. Davis , Don Donaldson , Donna Dunn , Darla Dean , and Dixon Hospital have been used for medical malpractice defendants, and Andy Attorney , Dora Dotson , and Tom Taylor for nonmedical professional defendants. Connie Contributor designates a contribution defendant (third-party defendant not sued by the plaintiff), Responsible Ray a responsible third party, and Sam Settlor a set tling person. ABC Company is used for the seller of an alleged defective product, and Panther Manufacturing Co . for the manufacturer of an alleged noncrashworthy auto mobile. Paul Payne, Jr. , Polly Payne , and Mary Minor are minor plaintiffs, and Fred Father is a derivative claimant suing on behalf of an injured child. Dixie Drugstore and Olivia Owner are owners or occupiers of premises. 5. C OMMENTS AND C ITATIONS OF A UTHORITY The comments to each PJC provide a ready reference to the law that serves as a foun dation for the charge. The primary authority cited herein is Texas case law. In some instances, secondary authority—for example, Restatement (Second) of Agency —is also cited. The Committee wishes to emphasize that secondary authority is cited solely as additional guidance to the reader and not as legal authority for the proposition it follows. Some comments also include variations of the recommended forms and additional ques tions or instructions for special circumstances. 6. U SING THE P ATTERN C HARGES Matters on which the evidence is undisputed should not be submitted by either instruction or question. Conversely, questions, instructions, and definitions not included in this volume may sometimes become necessary. Finally, preparation of a proper charge requires careful legal analysis and sound judgment. 7. I NSTALLING THE D IGITAL D OWNLOAD The downloadable version of Texas Pattern Jury Charges—Malpractice, Premises & Products (2022 edition) contains the entire text of the printed book. To install the digital download— 1. log in to https://manage.texasbarpractice.com ; 2. if prompted to log in, do so; and 3. in the “Downloadables” column, click the download button for this book’s title. Use of the digital download is subject to the terms of the license and limited war ranty included in the documentation at the end of this book and on the digital

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