PJC General Negligence 2024

PJC 29.4

W RONGFUL D EATH D AMAGES

5. Mental anguish sustained in the past. “Mental anguish” means the emotional pain, torment, and suffering experienced by Paul Payne, Jr. because of the death of Mary Payne . Answer: _______________ 6. Mental anguish that, in reasonable probability, Paul Payne, Jr. will sustain in the future. Answer: _______________ In determining damages for elements 3, 4, 5, and 6, you may consider the relationship between Paul Payne, Jr. and Mary Payne , their living arrange ments, 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 Paul Payne, Jr. Answer: _______________ COMMENT When to use. PJC 29.4 submits the claim of a surviving child (adult or minor) for the death of a parent in a wrongful death action under Tex. Civ. Prac. & Rem. Code §§ 71.001–.012. Moore v. Lillebo , 722 S.W.2d 683, 687–88 (Tex. 1986). 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 tion used will vary according to the class of beneficiary and decedent, e.g. spouse, par ent, adult child or minor child.”).

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