pjc-oil-and-gas-2022-lib

D AMAGES

PJC 313.7

PJC 313.7

Question and Instruction on Cost to Repair, Fix, or Restore Temporary Injury [Insert predicate, PJC 313.1.]

QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for the injury proximately caused by [ insert descrip tion of act or omission for which liability was determined ]? Consider the elements of damages listed below and none other. Consider each element separately. Do not award any sum of money on any element if you have otherwise, under some other element, awarded a sum of money for the same loss. That is, do not compensate twice for the same loss, if any. Do not include interest on any amount of damages you find. “Proximate cause” means a cause that was a substantial factor in bringing about an [ injury ] and without which cause such [ injury ] would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the [ injury ], or some similar [ injury ], might reasonably result therefrom. There may be more than one proximate cause of an [ injury ]. Answer separately in dollars and cents for damages, if any. [Insert as applicable.] 1. The amount reasonable and necessary to repair, fix, or restore Paul Payne ’s property to the condition immediately preceding the injury. Answer: _______________ 2. The amount reasonable and necessary to compensate Paul Payne for the loss of use of the property until [ insert cutoff point ]. Answer: _______________ COMMENT When to use. PJC 313.7 submits the measure of damages recoverable for tempo rary injury. Gilbert Wheeler, Inc. v. Enbridge Pipelines (E. Tex.), L.P. , 449 S.W.3d 474, 481 (Tex. 2014); Schneider National Carriers, Inc. v. Bates , 147S.W.3d 264, 276

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