PJC Business 2024

D AMAGES

PJC 115.10

Sample G—Damage to credit Damage to Paul Payne ’s credit reputation sustained in the past. Damage to Paul Payne ’s credit reputation that, in reasonable probability, he will sustain in the future. Sample H—Medical care Medical care in the past. Medical care that, in reasonable probability, Paul Payne will sustain in the future. Sample I—Loss of earning capacity Loss of earning capacity sustained in the past. Loss of earning capacity that, in reasonable probability, Paul Payne will sus tain in the future. Sample J—Mental anguish Paul Payne ’s mental anguish sustained in the past. Paul Payne ’s mental anguish that, in reasonable probability, he will sustain in the future. COMMENT When to use. See explanatory note above. Because damages instructions in DTPA suits are necessarily fact-specific, no true “pattern” instructions are given— only samples of damages available in DTPA actions. This list is not exhaustive. The samples are illustrative only, adapted to a hypothetical fact situation, and must be rewritten to fit the particular damages raised by the pleadings and proof. Instructions on one or more measures of damages must be submitted with the DTPA damages question, PJC 115.9. In addition to the measures outlined above, any of the common law measures of damages for breach of contract may be available to the plaintiff in a DTPA action. See PJC 115.4. Separating elements of damages. Based on Tex. Civ. Prac. & Rem. Code §41.008(a), the Committee suggests separating economic from other compensatory damages. Separating economic from noneconomic and past from future damages is required—

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