PJC General Negligence 2024

PJC 28.3

P ERSONAL I NJURY D AMAGES

by the court when it applies the law to your answers at the time of judgment. Answer in dollars and cents for damages, if any, that— were sustained in the past; Answer: _______________ in reasonable probability will be sustained in the future. Answer: _______________ One element only. Only those elements for which evidence is introduced should be submitted. If only one element is submitted, the question should read— What sum of money, if paid now in cash, would fairly and reason ably compensate Paul Payne for medical care expenses , if any, resulting from the occurrence in question? The phrase medical care expenses may be replaced by any applicable element. Separate submission of physical pain and mental anguish. In cases where there are concerns about the evidentiary support for combining these elements of dam ages ( see Harris County , 96 S.W.3d at 234), the Committee recommends separating the submission of physical pain and mental anguish, as reflected in the comment below. As an example, if there is no evidence of physical pain, but there is evidence of mental anguish, the practitioner should submit only mental anguish, and not physical pain. See Boyles v. Kerr , 855 S.W.2d 593, 595–96 (Tex. 1993). This benefits both the courts and the practitioners because, when the sufficiency of the evidence to support either physical pain or mental anguish is in question, a separate submission of these damages may avoid the need for a new trial if a sufficiency challenge is upheld on appeal. See Katy Springs & Manufacturing, Inc. v. Favalora , 476 S.W.3d 579, 597–99, 610–11 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) (although challenge to separate submission was waived, separate awards allowed modification of judgment, rather than remand for new trial, where evidence of future mental anguish was legally insufficient). Accordingly, in cases where there are concerns about the evidentiary support for combining elements 1 and 2 above, then the following may be substituted: 1. Physical pain sustained in the past. Answer: _______________ 2. Physical pain that, in reasonable probability, Paul Payne will sustain in the future.

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