pjc-oil-and-gas-2024-lib

D AMAGES

PJC 313.7

If a “stigma damages” recovery is permitted in a specific instance, the following language may be added to the question: 3. The difference in market value in Clay County, Texas, of the property immediately before the occurrence in question and immedi ately after the reasonable and necessary repairs were made. “Market value” is the price a willing seller not obligated to sell can obtain from a willing buyer not obligated to buy. Answer: _______________ Source of definition. The definition of “market value” is based on BlueStone Natural Resources II, LLC v. Randle , 620 S.W.3d 380, 388 (Tex. 2021); Exxon Corp. v. Middleton , 613 S.W.2d 240, 246 (Tex. 1981); Hlavinka v. HSC Pipeline Partnership, LLC , 650 S.W.3d 483, 496 (Tex. 2022). Prejudgment interest. Instructing the jury not to add interest is suggested because prejudgment interest, if recoverable, will be calculated by the court at the time of judgment. If interest paid on an obligation is claimed as an element of damages, it may be necessary to modify the instruction on interest.

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