PJC General Negligence 2024

PJC 31.10

E XEMPLARY D AMAGES

provides that, unless otherwise instructed, “the answers to the questions must be based on the decision of at least 10 of the 12 [5 of the 6] jurors. The same 10 [5] jurors must agree on every answer. Do not agree to be bound by a vote of anything less than 10 [5] jurors, even if it would be a majority.” Tex. R. Civ. P. 226a. As of the publication date of this edition, no Texas appellate court has definitively addressed the question of how many members of a jury must agree to a finding of the conduct listed in section 41.008(c).

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