Texas PJC Malpractice 2022

Subject Index

future, periodic payment of, 80.5 injury of minor child, 80.5, 80.6 injury of parent, 80.10, 80.11 injury of spouse, 80.4 parental consortium, 80.10, 80.11 past and future, separate answers for, 80.3–80.6, 80.11 preaccident or injury-enhancing conduct, 51.1, 61.1, 66.1, 71.1 preexisting condition or injury, 80.7 taxation of, 80.2 Damages, property, ch. 83 conditioning instruction for questions on liability, 83.1 cost of repairs, 83.4 destruction, 83.3 loss of use, 83.3, 83.4 market value before and after occurrence, 83.4 prejudgment interest on, 83.3, 83.4 salvage value, 83.3 separate answers for elements, 83.3, 83.4 taxation of, 83.2 Damages, survival, ch. 82 cautionary instruction on limit in health care suit, 82.4 compensatory, 82.3 conditioning instruction for questions on liability, 82.1 economic definition of, 82.3 separating from noneconomic, 82.3 exemplary, 85.1–85.4 prejudgment interest on, 82.3, 85.3 separate answers for elements, 82.3 taxation of, 82.2 Damages, wrongful death, ch. 81 cautionary instruction on limit in health care suit, 81.7 claim of surviving child, 81.4 surviving parents, 81.5, 81.6 surviving spouse, 81.3 conditioning instruction for questions on liability, 81.1

earnings of minor child, 81.5 economic definition of, 81.3–81.6 separating from noneconomic, 81.3, 81.4 elements, 81.3–81.6 exemplary, 85.1–85.4 past and future, separate answers for, 81.3–81.6 prejudgment interest on, when not recoverable, 81.3, 81.4, 85.3 separate answers for elements, 81.3–81.6 survival damages permitted in suit for, 82.3 taxation of, 81.2 Deadlocked jury, 40.9 Death, damages for. See Damages, wrongful death “Death,” use of, 51.1, 51.3, 51.7, 51.18, 51.19, 61.1, 66.1, 66.4, 66.5, 66.8, 66.9, 71.1, 71.3–71.12 Decedent compensatory damages in survival action, 82.3 estate of, 81.3 exemplary damages for wrongful death, 85.1, 85.3 negligence of, 81.3–81.6, 82.3 Deceptive Trade Practices – Consumer Protection Act claim for personal injury under, 71.9, 71.11, 71.12 inapplicable to claims grounded in negligence, 51.17 in legal malpractice case, 61.10 Defense. See also Inferential rebuttal affirmative, “Good Samaritan” as, 51.18A in breach-of-warranty case, 71.9–71.11 in medical malpractice, ch. 53 new and independent cause, 50.4, 60.2, 65.5, 70.3 sole proximate cause, 50.5, 60.3, 65.6

557