PJC General Negligence 2024

S URVIVAL D AMAGES

PJC 30.4

PJC 30.4 Survival Damages—Exemplary Damages Answer the following question regarding Don Davis only if you unani mously answered “Yes” to Question ______ [ 4.2 or other question authorizing potential recovery of punitive damages ] regarding Don Davis . Otherwise, do not answer the following question regarding Don Davis . QUESTION ______ You are instructed that you must unanimously agree on the amount of any award of exemplary damages. What sum of money, if any, should be assessed against Don Davis and awarded to Paul Payne as exemplary damages for the conduct found in response to Question ______ [ 4.2 or other question authorizing potential recovery of punitive damages ]? “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes. Exemplary damages includes punitive damages. Factors to consider in awarding exemplary damages, if any, are— 1. The nature of the wrong. 2. The character of the conduct involved. 3. The degree of culpability of the wrongdoer. 4. The situation and sensibilities of the parties concerned. 5. The extent to which such conduct offends a public sense of justice and propriety. 6. The net worth of Don Davis . Answer in dollars and cents, if any. Answer: _______________ COMMENT When to use. PJC 30.4 submits the question of exemplary damages in a survival action. Exemplary damages on behalf of a decedent are recoverable by the estate under the survival statute. Tex. Civ. Prac. & Rem. Code §71.021; Hofer v. Lavender , 679 S.W.2d 470 (Tex. 1984); Castleberry v. Goolsby Building Corp. , 617 S.W.2d 665 (Tex.

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