PJC Business

D AMAGES

PJC 115.38

PJC 115.38 Question and Instruction on Exemplary Damages Answer the following question only if you unanimously answered “Yes” to Question ______ [ applicable predicate question ] [ or Question ______ [ appli cable predicate question ]]. Otherwise, do not answer the following question. You must unanimously agree on the amount of any award of exemplary damages. QUESTION ______ What sum of money, if any, if paid now in cash, should be assessed against Don Davis and awarded to Paul Payne as exemplary damages, if any, for the conduct found in response to Question ______ [ applicable predicate question ] [ or Question ______ [ applicable predicate question ]]? “Exemplary damages” means an amount that you may in your discretion award as a penalty or by way of punishment. Factors to consider in awarding exemplary damages, if any, are— 1. The nature of the wrong. 2. The character of the conduct involved. 3. The degree of culpability of Don Davis . 4. The situation and sensibilities of the parties concerned. 5. The extent to which such conduct offends a public sense of justice and propriety. 6. The net worth of Don Davis . [Insert additional instructions if appropriate. See, e.g., PJC 115.39.] Answer in dollars and cents, if any. Answer: _______________ COMMENT When to use. PJC 115.38 is used to submit exemplary damages. It should be predicated on a finding justifying the award of exemplary damages. See comments below. Chapter 41 of the Texas Civil Practice and Remedies Code does not apply to most suits brought under the DTPA and Texas Insurance Code chapter 541. Tex. Civ. Prac. & Rem. Code § 41.002(d). There may be reason, however, to use the “factors to

509