Texas PJC Malpractice 2022

J OINT AND S EVERAL L IABILITY

PJC 72.8

“Child” means a person fourteen years of age or younger. Answer “Yes” or “No.” Answer: _______________

COMMENT When to use. PJC 72.8A tracks a provision of the Texas Penal Code (Tex. Penal Code §22.04), as provided for in the Texas Civil Practice and Remedies Code. Tex. Civ. Prac. & Rem. Code §33.013(b)(2)(G). If the harm is done by failure to act with specific intent to do harm (see Tex. Civ. Prac. & Rem. Code §33.013(e)), the offense requires that the defendant had a legal or statutory duty to act or that the defendant assumed care, custody, or control of a child, elderly individual, or disabled individual (Tex. Penal Code § 22.04(b)). Name of person or entity. Because the statute requires that Don Davis act in con cert with another, the name of each person or entity with whom or with which Don Davis acted in concert must be inserted as set forth in the bracketed portions above. Accompanying definitions and instructions. Proximate cause should be defined in the charge, as it is incorporated into all questions in this chapter. See PJC 50.1–50.3, 60.1, 65.4, and 70.2. “Person” means an individual or a corporation, an association, a limited liability company, or another entity or organization governed by the Texas Business Organizations Code. Tex. Penal Code § 1.07. In an appropriate case, submit only the specific definitions for the offense that are supported by the evidence.

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