PJC General Negligence 2024

E XEMPLARY D AMAGES

PJC 31.1

PJC 31.1

Question and Instructions—Murder as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(1))

Answer the following question only if you unanimously answered “Yes” to Question ______ [ predicate liability question ]. Otherwise, do not answer the

following question. QUESTION ______ Did Don Davis —

1. knowingly or intentionally cause the death of an individual; or 2. intend to cause serious bodily injury and commit an act clearly dan gerous to human life that caused the death of an individual; or 3. commit or attempt to commit [a felony other than manslaughter, e.g., aggravated assault ], and in the course of and in furtherance of the com mission or attempt, or in immediate flight from the commission or attempt, commit or attempt to commit an act clearly dangerous to human life that caused the death of an individual? [If the alleged conduct implicates number 3 above, include the elements of the felony other than manslaughter, e.g., the elements of aggravated assault from PJC 31.4: A person commits aggravated assault if he knowingly or intentionally—

a. causes serious bodily injury to another; or b. uses or exhibits a deadly weapon while— i. causing bodily injury to another; or ii. threatening another with imminent bodily injury; or iii. causing physical contact with another when he knows or should reasonably believe the other will regard the contact as offensive or provoca tive. ]

A person acts “knowingly,” or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person

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