PJC General Negligence 2024

PREFACE TO THE 2020 EDITION The Pattern Jury Charges Committee on General Negligence, Intentional Personal Torts & Workers’ Compensation proudly presents its 2020 edition. As many of you know, the objective of our Committee is to review and revise this volume to ensure that it accurately reflects Texas law. Consequently, an essential part of the Committee’s work is to monitor Texas case law developments as well as the enactment, amendment, or abrogation of statutes that implicate or affect topics addressed in the most recent edition of what many refer to as “the Green Book” and then update its contents accordingly. Sometimes this work even results in the incorpo ration of a new topic or issue altogether. The Committee also annually reviews each and every chapter of the Green Book to determine whether the authority cited in any given chapter remains good law or should be updated to reflect new, clarifying, or superseding authority. Of note, this edition incorporates a new instruction that, for the first time, addresses the issue of the “eggshell plaintiff” and advises the practitioner and jurist on how to present this unique circumstance to the jury. Also included is a significant update to the attorney’s fees section of the chapter addressing the Texas Theft Liability Act to conform to the Texas Supreme Court’s holding in Rohrmoos Venture v. UTSW DVA Healthcare, LLP , 578 S.W.3d 469 (Tex. 2019), as well as clarifying comments on who may recover attorney’s fees by the court in Agar Corp. v. Electro Circuits International , 580 S.W.3d 136 (Tex. 2019). Our Committee, which consists of trial attorneys, appellate practitioners, members of the judiciary, and legal scholars, strives to provide pattern questions and instruc tions that will aid both bench and bar in preparing the correct jury charge. We hope that this edition achieves that objective. —Paula Knippa, Chair

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