PJC Business

PJC 107.8

E MPLOYMENT

PJC 107.8

Instruction on Damages Reduction for After-Acquired Evidence of Employee Misconduct

If you answered “Yes” to Question ______ [ 107.7 ], do not include any dam ages suffered past the date Don Davis discovered that Paul Payne engaged in the conduct you found in answer to Question ______ [ 107.7 ].

COMMENT When to use. PJC 107.8 should be predicated on a “Yes” answer to PJC 107.7. It should be used as the last sentence of the preliminary instruction in PJC 115.26– 115.28 or 115.30. Source of instruction. PJC 107.8 is derived from McKennon v. Nashville Banner Publishing Co. , 513 U.S. 352 (1995); Trico Technologies Corp. v. Montiel , 949 S.W.2d 308 (Tex. 1997) (per curiam); and Norwood v. Litwin Engineers & Constructors, Inc. , 962 S.W.2d 220 (Tex. App.—Houston [1st Dist.] 1998, pet. denied).

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