PJC General Negligence 2024

PJC 29.5

W RONGFUL D EATH D AMAGES

4. Loss of companionship and society that, in reasonable probability, will be sustained in the future by Paul Payne Answer: _______________ Mary Payne Answer: _______________ 5. Mental anguish sustained in the past by Paul Payne Answer: _______________ Mary Payne Answer: _______________ “Mental anguish” means the emotional pain, torment, and suffering experienced by Paul Payne and Mary Payne because of the death of Paul Payne, Jr. 6. Mental anguish that, in reasonable probability, will be sustained in the future by Paul Payne Answer: _______________ Mary Payne Answer: _______________ In determining damages for elements 3, 4, 5, and 6, you may consider the relationship between Paul Payne, Jr. and his parents, their living arrangements, any extended absences from one another, the harmony of their family relations, and their common interests and activities. COMMENT When to use. PJC 29.5 submits the claim of the surviving parents for the death of their minor child 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); Sanchez v. Schindler , 651 S.W.2d 249, 251–53 (Tex. 1983). The above question separately sub mits 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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