pjc-oil-and-gas-2022-lib

PJC 313.9

D AMAGES

PJC 313.9

Question and Instruction on Damages Affecting Value of Minerals [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 his damages, if any, proximately caused by [ insert description of act or omission for which liability was determined ]? Consider only the fair market value of the minerals produced from Paul Payne ’s land after the date the [ insert description of act or omission for which liability was determined ] began. “Market value” is the price a willing seller not obligated to sell can obtain from a willing buyer not obligated to buy. “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 ]. Do not include interest on any amount of damages you find. Answer in dollars and cents, if any. Answer: _______________ COMMENT When to use. PJC 313.9 should be used when the plaintiff alleges the defendant produced minerals belonging to the plaintiff. This question should be predicated on a “Yes” answer to a question establishing liability for damage to the minerals, such as PJC 302.4. See PJC 313.10 and 313.11 for questions regarding the affirmative defense of “good-faith” trespass and damages applicable after an affirmative finding of good faith. Source of question and instruction. The question and instructions are derived from Cage Brothers v. Whiteman , 163 S.W.2d 638, 642 (Tex. Comm’n App. 1942), and Mayfield v. Benavides , 693 S.W.2d 500, 506 (Tex. App.—San Antonio 1985, writ ref’d n.r.e.).

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