PJC Business

D AMAGES

PJC 115.35

PJC 115.35 Question and Instructions—Invasion of Privacy Damages [Insert predicate, PJC 115.1.] QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for his injuries, if any, that were proximately caused by such conduct? Consider the following elements of damages, if any, and none other. [Insert appropriate instructions.] Do not add any amount for interest on damages, if any. Answer separately in dollars and cents for damages, if any. 1. [ Element A ] sustained in the past. Answer: _______________ 2. [ Element A ] that, in reasonable probability, will be sustained in the future. Answer: _______________ 3. [ Element B ] sustained in the past. Answer: _______________ 4. [ Element B ] that, in reasonable probability, will be sustained in the future. Answer: _______________ COMMENT When to use. PJC 115.35 should be used in connection with claims of invasion of privacy. Since there are three different types of invasion of privacy causes of action recognized by Texas law, the elements of damages for each may differ. For example, while causes of action for physical intrusion and publication of private facts may include damages for mental anguish or lost income, causes of action for misappro priation may also include damages for loss of the value of the name or likeness mis appropriated ( see Restatement (Second) of Torts §§ 652H cmt. a, 652H(c) (1977)).

497