Texas PJC Malpractice 2022

J OINT AND S EVERAL L IABILITY

PJC 72.6

PJC 72.6

Question and Instructions—Sexual Assault as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(E))

QUESTION ______ Did Don Davis , with the specific intent to do harm to others, act in concert with [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in concert ] to commit sexual assault that was a proximate cause of the damages, if any, to Paul Payne ? Don Davis acts with specific intent to do harm with respect to the nature of Don Davis ’s conduct and the result of [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in concert ]’s conduct when it is [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in con cert ]’s conscious effort or desire to engage in the conduct for the purpose of 1. a person intentionally or knowingly— a. causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; or b. causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or c. causes the sexual organ of another person, without that per son’s consent, to contact or penetrate the mouth, anus, or sex ual organ of another person, including the actor; or 2. regardless of whether the person knows the age of the child at the time of the offense, a person intentionally or knowingly— a. causes the penetration of the anus or sexual organ of a child by any means; or b. causes the penetration of the mouth of a child by the sexual organ of the actor; or c. causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or d. causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or doing substantial harm to others. “Sexual assault” means that—

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