PJC Business 2024

PJC 115.11

D AMAGES

PJC 115.11 Question on Additional Damages—Deceptive Trade Practices

[Insert predicate, PJC 115.1.]

QUESTION ______ What sum of money, if any, in addition to actual damages, should be awarded to Paul Payne against Don Davis because Don Davis ’s conduct was committed [ knowingly ] [ intentionally ]? Answer in dollars and cents, if any. Answer: _______________ COMMENT When to use. PJC 115.11 should be predicated on a jury finding that the defen dant’s deceptive trade practice, breach of warranty, or unconscionable act was commit ted knowingly or intentionally. See PJC 102.21. Factors to consider. In light of the constitutional concerns raised in Transporta tion Insurance Co. v. Moriel , 879 S.W.2d 10, 26–30 (Tex. 1994), an instruction on the exemplary damages factors set out at PJC 115.38 should be submitted with the ques tion at PJC 115.11. See also TXO Production Corp. v. Alliance Resources Corp. , 509 U.S. 443, 460–61 (1993); Pacific Mutual Life Insurance Co. v. Haslip , 499 U.S. 1, 20– 22 (1991). Some trial courts have, without objection, given instructions similar to the definition of exemplary damages in connection with submission of these DTPA enhancement damages. See, e.g., Berry Property Management v. Bliskey , 850 S.W.2d 644, 664–66 (Tex. App.—Corpus Christi–Edinburg 1993, writ dism’d by agr.); Ren don v. Sanchez , 737 S.W.2d 122, 125–26 (Tex. App.—San Antonio 1987, no writ). Treble damages. DTPA suits. A finding of knowing or intentional conduct is required for any award of discretionary damages. Tex. Bus. & Com. Code §17.50(b)(1) (DTPA). See PJC 102.21. Insurance Code chapter 541 suits. The Insurance Code makes additional damages discretionary with the trier of fact if the defendant acted knowingly. USAA Texas Lloyds Co. v. Menchaca , 545 S.W.3d 479, 488 (Tex. 2018). The plaintiff should sub mit the question of knowing conduct as in PJC 102.21 and then should ask the jury to determine the amount of additional damages as in PJC 115.11. See Tex. Ins. Code § 541.152(b).

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