PJC General Negligence 2024

P ERSONAL I NJURY D AMAGES

PJC 28.3

Answer: _______________ 3. Mental anguish sustained in the past. Answer: _______________ 4. Mental anguish that, in reasonable probability, Paul Payne will sustain in the future. Answer: _______________ Although of no precedential value, a discussion of mental anguish may be found in Gregory v. Chohan , 670 S.W.3d 546 (Tex. 2023) (plurality opinion). Because no por tion of the Gregory opinion carried the votes of five members of the court, it is a plu rality opinion that has no precedential value and is not binding on any court. See University of Texas Medical Branch v. York , 871 S.W.2d 175, 176–77 (Tex. 1994) (“Because the principles of law involved have not been agreed upon by a majority of the sitting court, the plurality opinion is not authority for determination of other cases, either in this Court or lower courts.”). Evidence of medical care expenses. Recovery of medical or health-care expenses is governed by section 41.0105 of the Texas Civil Practice and Remedies Code. This statute provides, “In addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant.” Tex. Civ. Prac. & Rem. Code § 41.0105. See also Haygood v. De Escabedo , 356 S.W.3d 390 (Tex. 2011) (interpreting section 41.0105). Reasonable expenses and necessary medical care. If there is a question whether medical expenses are reasonable or medical care is necessary, the following should be substituted for elements 9 and 10: 9. Reasonable expenses of necessary medical care incurred in the past. Answer: _______________ 10. Reasonable expenses of necessary medical care that, in rea sonable probability, Paul Payne will incur in the future. Answer: _______________ Medical care expenses may also be replaced by the specific items (e.g., physicians’ fees , dental fees , chiropractic fees , hospital bills , medicine expenses , nursing services’ fees ) raised by the evidence. In an appropriate case, the phrase health-care expenses may replace medical care expenses .

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