PJC Business

PJC 115.36

D AMAGES

Exceptions to the limitations on joint and several liability. The limitations on joint and several liability set forth in chapter 33 of the Civil Practice and Remedies Code do not apply in certain instances. See Tex. Civ. Prac. & Rem. Code § 33.013. Several of the examples of criminal conduct constituting exceptions to the limita tions on joint and several liability also constitute exceptions to the cap or limitation on exemplary damages, such as forgery, securing execution of a document by deception, fraudulent removal of a document, or theft. See PJC 115.40–115.46 for examples of those charges and for applicable comments. Note, however, that a jury question seek ing to establish conduct sufficient to lift the limitation on joint and several liability must ask whether the defendant, with the specific intent to do harm to others, acted in concert with another person to engage in the conduct described in the applicable Penal Code section. Tex. Civ. Prac. & Rem. Code §33.002(b). These elements are not con tained in the charges found at PJC 115.40–115.46.

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