PJC Business

PJC 115.36

D AMAGES

PJC 115.36 Proportionate Responsibility If you answered “Yes” to Questions ______ and ______ [ applicable ques tions ] for more than one of those named below, then answer the following question. Otherwise, do not answer the following question. Assign percentages of responsibility only to those you found caused or con tributed to cause the [ harm ] [ damages ]. The percentages you find must total 100 percent. The percentages must be expressed in whole numbers. The per centage of responsibility attributable to any one is not necessarily measured by the number of acts or omissions found. QUESTION ______ For each person you found caused or contributed to cause the [ harm ] [ dam ages ] to Paul Payne , find the percentage of responsibility attributable to each: 1. Don Davis % 2. Paul Payne % 3. Sam Settlor % 4. Responsible Ray % Total 100 % COMMENT When to use. Tex. R. Civ. P. 277 requires a percentage question “[i]n any cause in which the jury is required to apportion the loss among the parties.” For causes of action based on tort, the trier of fact must determine the percentage of responsibility of each defendant, claimant, settling person, or responsible third party with respect to each person’s causing or contributing to cause the harm for which damages are sought. Tex. Civ. Prac. & Rem. Code § 33.003. The responsibility to be determined must arise from a negligent act or omission, a defective or unreasonably dangerous product, or other conduct or activity that violates an applicable legal standard. Tex. Civ. Prac. & Rem. Code § 33.003. Common-law claims based on tort. PJC 115.36 should be used if the case involves “any cause of action based on tort” or any action brought under the DTPA. Tex. Civ. Prac. & Rem. Code §33.002(a). Chapter 33 has been applied to claims of negligent misrepresentation, Galle, Inc. v. Pool , 262 S.W.3d 564, 571–72 (Tex. App.—Austin 2008, pet. denied), and claims for intentional torts, Arceneaux v. Pinna-

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