PJC General Negligence 2024

E XEMPLARY D AMAGES

PJC 31.4

PJC 31.4

Question and Instructions—Aggravated Assault as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(4))

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 knowingly or intentionally—

1. cause serious bodily injury to another; or 2. use or exhibit a deadly weapon while— a. causing bodily injury to another; or b. threatening another with imminent bodily injury; or c. causing physical contact with another when Don Davis knew or should reasonably have believed the other would regard the contact as offensive or provocative? 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 acts know ingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. A person acts “intentionally,” or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 31.4 should be used in a case in which (1) exemplary damages are sought, (2) the harm to the plaintiff is alleged to have resulted from conduct described as a felony in Tex. Penal Code § 22.02, and (3) the jury has previously found that the defendant committed conduct authorizing recovery of exemplary damages as set out in Tex. Civ. Prac. & Rem. Code § 41.003. See Tex. Civ. Prac. & Rem. Code

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