PJC General Negligence 2024

PJC 29.3

W RONGFUL D EATH D AMAGES

5. Mental anguish sustained in the past. “Mental anguish” means the emotional pain, torment, and suffering experienced by Mary Payne because of the death of Paul Payne . Answer: _______________ 6. Mental anguish that, in reasonable probability, will be sustained in the future. Answer: _______________ In determining damages for elements 3, 4, 5, and 6, you may consider the relationship between Mary Payne and Paul Payne , their living arrangements, any extended absences from one another, the harmony of their family relations, and their common interests and activities. 7. Loss of inheritance. “Loss of inheritance” means the loss of the present value of the assets that the deceased, in reasonable probability, would have added to the estate and left at natural death to Mary Payne . Answer: _______________ COMMENT When to use. PJC 29.3 submits the claim of the surviving spouse for the death of his or her spouse in a wrongful death action under Tex. Civ. Prac. & Rem. Code §§ 71.001–.012. Estate of Clifton v. Southern Pacific Transportation Co. , 709 S.W.2d 636, 639–40 (Tex. 1986); see also Moore v. Lillebo , 722 S.W.2d 683 (Tex. 1986) (defi nition of “mental anguish” and instruction on mental anguish and loss of companion ship and society). The above question separately submits past and future damages. See Tex. Fin. Code § 304.1045. The “do not compensate twice” instruction is adapted from Golden Eagle Archery, Inc. v. Jackson , 116 S.W.3d 757, 770 (Tex. 2003). Pecuniary loss. The Texas Supreme Court has provided guidance on the defini tion for “pecuniary loss” set forth in element 1 in Moore , 722 S.W.2d at 687 (“Pecuni ary loss for the parent of an adult child is defined as the care, maintenance, support, services, advice, counsel, and reasonable contributions of a pecuniary value that the parents would, in reasonable probability, have received from their child had the child lived. See State Bar of Texas, Texas Pattern Jury Charges PJC 81.05 [in current edi tion of Texas Pattern Jury Charges—Malpractice, Premises & Products , PJC 81.6 (Wrongful Death Damages—Claim of Surviving Parents of Adult Child)]. The defini-

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