PJC General Negligence 2022

PJC 28.12

P ERSONAL I NJURY D AMAGES

PJC 28.12

Personal Injury Damages—Bystander Claim [PJC 28.12A should be used only if there is a dispute whether the plaintiff was a bystander.]

PJC 28.12A Bystander Status

[Include only the elements of a bystander claim for which there is a factual dispute.] Was Paul Payne a bystander? A person is a bystander if (1) the person was located near the scene of the occurrence, as contrasted with one who was a distance away from it; (2) the person suffered shock that was a result of a direct emotional impact upon them from sensory and contemporaneous observance of the occurrence in question, as contrasted with learning of the occurrence from others; and (3) the person and a party injured in the occurrence in question were closely related. Answer “Yes” or “No.” If you answered “Yes” to Question 28.12A, then answer the following ques What sum of money, if paid now in cash, would fairly and reasonably com pensate Paul Payne for his mental anguish, if any, that resulted from being a bystander to the occurrence in question? Consider the elements of damages listed below and none other. Consider each ele ment separately. Do not award any sum of money on any element if you have other wise, under some other element, awarded a sum of money for the same loss. That is, do not compensate twice for the same loss, if any. Do not include interest on any amount of damages you find. 1. Mental anguish sustained in the past. Answer: _______________ 2. Mental anguish that, in reasonable probability, will be sustained in the future. Answer: _______________ tion. Otherwise, do not answer the following question. PJC 28.12B Bystander Claim—Damages Question

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