PJC General Negligence 2024

P ERSONAL I NJURY D AMAGES

PJC 28.4

Prac. & Rem. Code §41.001(4). Economic damages as used in the formula to cap exemplary damages in Tex. Civ. Prac. & Rem. Code §41.008(b) include “existing in fact, real monetary losses like lost wages, the cost to obtain services that another previ ously provided for free or at a lower cost, or that the defendant’s misconduct com pelled the claimant to seek out.” Goodyear Tire & Rubber Co. v. Rogers , 538 S.W.3d 637, 652 (Tex. App.—Dallas 2017, pet. denied). Broad-form submission of elements. For an example of a broad-form submis sion of damages elements, see PJC 28.3 comment, “Broad-form submission of ele ments.” Instruction not to reduce amounts because of negligence of injured spouse. If the negligence of the injured spouse 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 injured spouse’s negligence. Also, if an exclusionary instruction for failure to mitigate damages is required, this instruction should be modified. See PJC 28.9.

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