pjc-family-2024-lib

PJC 235.14

E XPRESS T RUSTS

If you answered “Yes” to any item in Question ______, then answer the following question. Otherwise, do not answer the follow ing question. Rewording question if PJC 235.9 liability question submitted. If damages are sought based on PJC 235.9 (breach of duty by trustee—other than self-dealing) and that question is submitted as shown in PJC 235.9 (that is, with separate answers for each duty) rather than in broad form, the words conduct inquired about in Question ______ in the question should be replaced with conduct about which you answered “Yes” in Question ______. Source for elements of damage. The elements listed as items 1–3 above are based on Tex. Prop. Code § 114.001. Tex. Prop. Code § 114.007(a)(2) provides that the trustee cannot be relieved of liability for any profit derived by the trustee from a breach of trust. Causation standard. The causation standard is taken from Tex. Prop. Code § 114.001(c). Separate submission of damages for different breaches. It may be necessary to submit separate damages questions for distinct breaches that give rise to different dam ages. Elements of damages submitted separately. The Committee generally recom mends that multiple elements of damages be separately submitted to the jury. Harris County v. Smith , 96 S.W.3d 230, 233–34 (Tex. 2002) (broad-form submission of multi ple elements of damages may lead to harmful error if there is a proper objection rais ing insufficiency of the evidence to support one or more of the elements submitted); see also Tex. Civ. Prac. & Rem. Code § 41.008(a) (“In an action in which a claimant seeks recovery of damages, the trier of fact shall determine the amount of economic damages separately from the amount of other compensatory damages.”). Separating economic from noneconomic damages is required to allow the court to apply the limits on recovery of exemplary damages based on economic and noneconomic damages as required by Tex. Civ. Prac. & Rem. Code § 41.008(b). Further, “[p]rejudgment interest may not be assessed or recovered on an award of future damages.” Tex. Fin. Code § 304.1045 (wrongful death, personal injury, or prop erty damage cases); see also Johnson & Higgins of Texas, Inc. v. Kenneco Energy, Inc. , 962 S.W.2d 507, 514, 530 (Tex. 1998), superseded by statute on other grounds , Tex. Fin. Code § 304.1045 (reconciling equitable prejudgment interest with statutory pre judgment interest). Therefore, separation of past and future damages is required. Elements considered separately. Golden Eagle Archery, Inc. v. Jackson , 116 S.W.3d 757, 770 (Tex. 2002), provides an instruction for cases involving undefined or potentially overlapping categories of damages. In those cases, the following language should be substituted for the instruction to consider each element separately:

288