PJC Business

PJC 115.37

D AMAGES

PJC 115.37B Question and Instruction for Actions Filed on or after September 1, 2003 Answer the following question only if you unanimously answered “Yes” to Question ______ [ applicable liability question ] [ or Question ______ [ applica ble liability question ]]. Otherwise, do not answer the following question. To answer “Yes” to [ any part of ] the following question, your answer must be unanimous. You may answer “No” to [ any part of ] the following question only upon a vote of ten or more jurors. Otherwise, you must not answer [ that part of ] the following question. QUESTION ______ Do you find by clear and convincing evidence that the harm to Paul Payne resulted from [ malice , fraud , or gross negligence ]? “Clear and convincing evidence” means the measure or degree of proof that produces a firm belief or conviction of the truth of the allegations sought to be established. “Malice” means a specific intent by Don Davis to cause substantial injury or harm to Paul Payne . [And/or use appropriate definition for “fraud” or “gross negligence”; see comments below, “Fraud as a ground for exemplary damages” and “Gross negligence as a ground for exemplary damages.”] COMMENT When to use. PJC 115.37 is used as a predicate question to PJC 115.38, the ques tion for exemplary damages. It is based on an affirmative finding to a liability question such as PJC 103.1 (tort duty of good faith and fair dealing) or 106.1 (interference with existing contract). PJC 115.37A applies only to causes of action arising on or after September 1, 1995, and filed before September 1, 2003. PJC 115.37B applies to actions filed on or after September 1, 2003. In a case in which a defendant has requested a bifurcated trial pursuant to Tex. Civ. Prac. & Rem. Code § 41.009, PJC 115.37 should be answered in the first phase of the trial. Source of question. PJC 115.37A is derived from Acts 1987, 70th Leg., 1st C.S., ch. 2, §2.12 (S.B. 5), eff. Sept. 2, 1987, amended by Acts 1995, 74th Leg., R.S., ch. 19, § 1 (S.B. 25), eff. Sept. 1, 1995; Acts 1997, 75th Leg., R.S., ch. 165, § 4.01 (S.B.

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