PJC General Negligence 2024

PJC 31.10

E XEMPLARY D AMAGES

PJC 31.10

Question and Instructions—Intoxication Manslaughter as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(15))

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 operate a motor vehicle in a public place while intoxicated and by reason of that intoxication cause the death of another by accident or mistake? “Intoxicated” means not having the normal use of mental or physical facul ties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 percent or more. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 31.10 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 third-degree felony in Tex. Penal Code § 49.08, and (3) the jury has pre viously found that the defendant committed conduct authorizing recovery of exem plary damages as set out in Tex. Civ. Prac. & Rem. Code § 41.003. See Tex. Civ. Prac. & Rem. Code §41.008(c)(15). If the jury finds conduct that violates Tex. Penal Code §49.08, and that conduct rises to the level of a third-degree 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. Code § 41.008(c)(15). Source of instructions and definitions. The question and instructions are derived from Tex. Penal Code §§1.07(a)(11), (a)(35), 31.01(2)–(5), 31.03, 31.08, 49.01(2), 49.08; Tex. Civ. Prac. & Rem. Code § 41.008. Bifurcation. If a defendant has requested a bifurcated trial pursuant to Tex. Civ. Prac. & Rem. Code §41.009, PJC 31.10 should be answered in the first phase of the trial. See Transportation Insurance Co. v. Moriel , 879 S.W.2d 10, 30 (Tex. 1994) (not-

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