PJC General Negligence 2022

PJC 28.5

P ERSONAL I NJURY D AMAGES

any question about the sufficiency of the evidence to support one or more of the ele ments, the Committee recommends that the elements of damages be separately sub mitted to the jury as above. Broad-form submission of elements. For an example of a broad-form submis sion of damages elements, see PJC 28.3 comment, “Broad-form submission of ele ments.” Instruction not to reduce amounts because of plaintiff’s negligence. If the plaintiff’s negligence is also in question, the exclusionary instruction given in this PJC immediately before the elements of damages is proper. See Tex. Civ. Prac. & Rem. Code §33.001; Tex. R. Civ. P. 277. This instruction should be omitted if there is no claim of the plaintiff’s negligence. Also, if an exclusionary instruction for failure to mitigate damages is required, this instruction should be modified. See PJC 28.9. Scope of comments to PJC 28.5. The comments to PJC 28.5 address only those issues particular to the submission of personal injury damages of a minor child. For additional issues that may arise with respect to the submission of personal injury dam ages generally, see PJC 28.3.

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