PJC Malpractice 2024

PJC 81.4

W RONGFUL D EATH D AMAGES

5. Mental anguish sustained in the past. “Mental anguish” means the emotional pain, torment, and suffering experienced by Paul Payne, Jr. because of the death of Mary Payne . Answer: _______________ 6. Mental anguish that, in reasonable probability, Paul Payne, Jr. will sustain in the future. Answer: _______________ In determining damages for elements 3, 4, 5, and 6, you may consider the relationship between Paul Payne, Jr. and Mary Payne , their living arrange ments, any extended absences from one another, the harmony of their family relations, and their common interests and activities. 7. Loss of inheritance. “Loss of inheritance” means the loss of the present value of the assets that the deceased, in reasonable probability, would have added to the estate and left at natural death to Paul Payne, Jr. Answer: _______________ COMMENT When to use. PJC 81.4 submits the claim of a surviving child (adult or minor) for the death of a parent in a wrongful death action under Tex. Civ. Prac. & Rem. Code §§ 71.001–.012. Moore v. Lillebo , 722 S.W.2d 683 (Tex. 1986); Sanchez v. Schindler , 651 S.W.2d 249 (Tex. 1983). The above question separately submits past and future damages. See Tex. Fin. Code §304.1045. The “do not compensate twice” instruction is adapted from Golden Eagle Archery, Inc. v. Jackson , 116 S.W.3d 757, 770 (Tex. 2003). If surviving child born after parent’s death. If the surviving child is born after the parent’s death, the instruction following element 5 should not be given. Also in that case, the phrase “for the period of time from his birth to today” should be added at the end of the phrase “sustained in the past” in the answer form. Loss of inheritance. Element 7 should be included in the question if there is a claim for loss of inheritance. Yowell v. Piper Aircraft Corp. , 703 S.W.2d 630 (Tex. 1986). The definition is substantially as it was stated in Yowell at 633. There may be instances in which additional definitions and instructions are appropriate because, under the laws of intestacy, whether property is left to a surviving child could depend

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