PJC General Negligence 2024

E XEMPLARY D AMAGES

PJC 31.7

PJC 31.7C Question and Instructions—Injury to a Disabled 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 a disabled individual— 1. serious bodily injury; or 2. serious mental deficiency, impairment, or injury; or 3. bodily injury? “Disabled individual” means an individual— 1. with one or more of the following: a. autism spectrum disorder, as defined by [ insert language from Texas Insurance Code section 1355.001 ]; or b. developmental disability, as defined by [ insert language from Texas Human Resources Code section 112.042 ]; or c. intellectual disability, as defined by [ insert language from Texas Health and Safety Code section 591.003 ]; or d. severe emotional disturbance, as defined by [ insert language from Texas Family Code section 261.001 ]; or e. traumatic brain injury, as defined by [ insert language from Texas Health and Safety Code section 92.001 ]; or f. mental illness, as defined by [ insert language from Texas Health and Safety Code section 571.003 ]; or 2. who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self. 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-

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