PJC Business

PJC 115.36

D AMAGES

Conditioned on responsibility of more than one person. PJC 115.36 is condi tioned on findings that the acts or omissions of more than one person caused the dam ages or injury, because otherwise no comparison is possible. Multiple liability theories. When multiple liability theories are submitted and the parties dispute whether one theory is legally valid or supported by legally suffi cient evidence, it may not be feasible to submit a single proportionate responsibility question predicated on all liability theories. See Romero v. KPH Consolidation, Inc. , 166 S.W.3d 212, 215, 225–28 (Tex. 2005) (reversible error to allow jury, in apportion ing responsibility, to consider claim on which there was no evidence). Plaintiff submitted only if plaintiff violated legal standard. The plaintiff ( Paul Payne ) should be submitted in this question only if the law governing the cause of action provides an “applicable legal standard” by which the plaintiff’s conduct is mea sured and the jury is asked in a predicate question whether Paul Payne violated that standard. Tex. Civ. Prac. & Rem. Code §33.003. Otherwise, the question should not include the plaintiff. If there is more than one responsible person. If more than one responsible per son has been found liable in a liability question, separate percentage answers should be sought for each person. For example: 1. Don Davis % 2. Paul Payne % 3. Sam Settlor % 4. Responsible Ray % Settling persons. The proportionate responsibility statute requires the responsi bility of a settling person ( Sam Settlor ) to be determined by the trier of fact. Tex. Civ. Prac. & Rem. Code §§ 33.003, 33.011. “Settling person” is defined as a person— who has, at any time, paid or promised to pay money or anything of mone tary value to a claimant in consideration of potential liability with respect to the personal injury, property damage, death, or other harm for which recov ery of damages is sought. Tex. Civ. Prac. & Rem. Code §33.011(5). To include a settling person, that person’s name must be included in a basic liability question. Responsible third parties . “‘Responsible third party’ means any person who is alleged to have caused or contributed to causing in any way the harm for which recov ery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applica ble legal standard, or by any combination of these.” Tex. Civ. Prac. & Rem. Code § 33.011(6). Section 33.003(b) provides that a question regarding conduct by any per-

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