PJC General Negligence 2024

E XEMPLARY D AMAGES

PJC 31.7

PJC 31.7B Question and Instructions—Injury to an Elderly Individual as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(7)) 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 cause to an elderly individual— 1. serious bodily injury; or 2. serious mental deficiency, impairment, or injury; or 3. bodily injury? “Elderly individual” means a person sixty-five years of age or older. 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 31.7B should be used in a case in which (1) exemplary dam ages are sought, (2) the harm to the plaintiff is alleged to have resulted from conduct described as a felony in Tex. Penal Code § 22.04, 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 § 41.008(c)(7). If the jury finds conduct that violates Tex. Penal Code § 22.04, and that conduct rises to the level of a felony, the limitations on exemplary damages awards set out in Tex. Civ. Prac. & Rem. Code § 41.008(b) do not apply. Tex. Civ. Prac. & Rem.

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