PJC General Negligence 2022

PJC 32.4

P ROPERTY D AMAGES

3. Difference in market value. Consider the difference, if any, in the market value in Clay County, Texas, of the personal property in question immediately before the occurrence in question and immediately after the neces sary repairs were made to the personal property . “Market value” means the amount that would be paid in cash by a willing buyer who desires to buy, but is not required to buy, to a willing seller who desires to sell, but is under no necessity of selling. Answer in dollars and cents for damages, if any. Answer: _______________ Identification of personal property. The words personal property may be replaced by the specific type of personal property at issue, for example, vehicle . Name of county. The county referred to should be the county in which the dam age occurred. J&D Towing , 478 S.W.3d at 657; Thomas v. Oldham , 895 S.W.2d 352, 359 (Tex. 1995). Determination of the reasonable cost of repairs in the county in which the damage occurred would not require that repairs actually be made in that county if such repairs would be unavailable there. See Pasadena State Bank v. Isaac , 228 S.W.2d 127, 129 (Tex. 1950). 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 answer blanks 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. Separate answer for each element. Broad-form submission of multiple elements of damages may lead to harmful error if there is a proper objection raising insuffi ciency of the evidence to support one or more of the elements submitted. Harris County v. Smith , 96 S.W.3d 230 (Tex. 2002). If there is any question about the suffi ciency of the evidence to support one or more of the elements, the Committee recom mends that the elements of damages be separately submitted as above. Prejudgment interest recoverable. Prejudgment interest is recoverable on prop erty damages. Tex. Fin. Code §304.102; see also J&D Towing , 478 S.W.3d at 677 n.199 (prejudgment interest is statutorily required on judgment that includes compen sation for both fair market value and loss-of-use damages).

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