Texas Pattern Jury Charges—General Negligence, Intentional Personal Torts & Workers’ Compensation

General-Negligence-3dTexas Pattern Jury Charges—General Negligence, Intentional Personal Torts & Workers’ Compensation

  • By State Bar Committee on Pattern Jury Charges
  • 1 volume; softbound
  • Instant Download! Digital Product Features
  • Copyright © 2014
  • 465 Pages
  • $125.00

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Texas Pattern Jury Charges—General Negligence, Intentional Personal Torts & Workers’ Compensation is intended to assist the bench and bar in preparing the court’s charge in jury cases. It provides definitions, instructions, and questions needed to submit jury charges in actions arising from general negligence, intentional personal torts, and workers’ compensation. The pattern jury charges are suggestions and guides to be used by a trial court if they are applicable and proper in a specific case.

The new 2014 edition identifies and responds to changes in the law in terms of both supreme court decisions and legislative enactments. Featuring new chapters relating to workers’ compensation and animal injury, the new edition also provides revisions to existing instructions and comments. Finally, a new instruction and comment on spoliation has been added.

Texas Pattern Jury Charges—General Negligence, Intentional Personal Torts & Workers’ Compensation digital product contains the entire book as a hyperlinked and word-searchable PDF file. All charge language is included as Word files linked to the comments for quick retrieval and assembly of jury charges. Texas case citations are linked an online version of the Casemaker Web Library. Texas statute citations are linked to the main code section cited via Casemaker online.

CONTENTS

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CHAPTER 1 ADMONITORY INSTRUCTIONS

PJC 1.1 Instructions to Jury Panel before Voir Dire Examination
PJC 1.2 Instructions to Jury after Jury Selection
PJC 1.3 Charge of the Court
PJC 1.4 Additional Instruction for Bifurcated Trial
PJC 1.5 Instructions to Jury after Verdict
PJC 1.6 Instruction to Jury If Permitted to Separate
PJC 1.7 Instruction If Jury Disagrees about Testimony
PJC 1.8 Circumstantial Evidence (Optional)
PJC 1.9 Instructions to Deadlocked Jury
PJC 1.10 Privilege—No Adverse Inference
PJC 1.11 Parallel Theories on Damages
PJC 1.12 Instruction on Spoliation

CHAPTER 2 BASIC DEFINITIONS IN NEGLIGENCE ACTIONS

PJC 2.1 Negligence and Ordinary Care
PJC 2.2 High Degree of Care
PJC 2.3 Child’s Degree of Care
PJC 2.4 Proximate Cause

CHAPTER 3 INFERENTIAL REBUTTAL INSTRUCTIONS

PJC 3.1 New and Independent Cause
PJC 3.2 Sole Proximate Cause
PJC 3.3 Emergency
PJC 3.4 Unavoidable Accident
PJC 3.5 Act of God

CHAPTER 4 BASIC NEGLIGENCE QUESTIONS

PJC 4.1 Broad Form—Joint Submission of Negligence and Proximate Cause
PJC 4.2 Standards for Recovery of Exemplary Damages
PJC 4.3 Proportionate Responsibility
PJC 4.4 Proportionate Responsibility If Contribution Defendant Is Joined

CHAPTER 5 NEGLIGENCE PER SE

PJC 5.1 Negligence Per Se and Common-Law Negligence
PJC 5.2 Negligence Per Se and Common-Law Negligence—Excuse
PJC 5.3 Negligence Per Se—Simple Standard—Broad Form
PJC 5.4 Negligence Per Se—Complex Standard
PJC 5.5 Statutory Dramshop Liability
PJC 5.6 Defense to Respondeat Superior Liability under Statutory Dramshop Act or Common Law

CHAPTER 6 INTENTIONAL PERSONAL TORTS

PJC 6.1 False Imprisonment—Question
PJC 6.2 False Imprisonment—Instruction on Unlawful Detention by Threat
PJC 6.3 False Imprisonment—Instruction on Defense of Privilege to Investigate Theft
PJC 6.4 Malicious Prosecution
PJC 6.5 Intentional Infliction of Emotional Distress
PJC 6.6 Assault and Battery
[Chapters 7–9 are reserved for expansion.]

CHAPTER 10 AGENCY AND SPECIAL RELATIONSHIPS

PJC 10.1 Employee
PJC 10.2 Borrowed Employee—Liability of Borrowing Employer
PJC 10.3 Borrowed Employee—Lending Employer’s Rebuttal Instruction
PJC 10.4 Borrowed Employee—Disjunctive Submission of Liability of Lending or Borrowing Employer
PJC 10.5 Employment as Defense under Workers’ Compensation Act
PJC 10.6 Scope of Employment
PJC 10.7 Deviation
PJC 10.8 Independent Contractor
PJC 10.9 Independent Contractor by Written Agreement
PJC 10.10 Respondeat Superior—Nonemployee
PJC 10.11 Joint Enterprise
PJC 10.12 Negligent Entrustment—Reckless, Incompetent, or Unlicensed Driver
PJC 10.13 Negligent Entrustment—Defective Vehicle
PJC 10.14 Imputing Gross Negligence or Malice to a Corporation

[Chapter 11 is reserved for expansion.]

CHAPTER 12 NUISANCE ACTIONS

PJC 12.1 Nuisance Actions Generally—When to Apply (Comment)
PJC 12.2 Private Nuisance
PJC 12.3 Public Nuisance
PJC 12.4 Nature of Nuisance—Permanent or Temporary
PJC 12.5 Damages in Nuisance Actions

CHAPTER 13 ANIMAL INJURY

PJC 13.1 Owner or Possessor of Animal
PJC 13.2 Dangerous Propensity of Domesticated Animal
PJC 13.3 Abnormally Dangerous Domesticated Animal
PJC 13.4 Domesticated Animal That Is Not Abnormally Dangerous
PJC 13.5 Wild Animal

CHAPTER 14 DEFENSES

PJC 14.1 Limitations—Tolling by Diligence in Service

CHAPTER 15 WORKERS’ COMPENSATION—BURDEN OF PROOF ON JUDICIAL REVIEW

PJC 15.1 Burden of Proof (Comment)
PJC 15.2 Consideration of Appeals Panel Decision (Comment)
PJC 15.3 Weight to Be Given Opinion of Designated Doctor (Comment)

CHAPTER 16 WORKERS’ COMPENSATION—EMPLOYMENT

PJC 16.1 Employee—Question
PJC 16.2 Independent Contractor—Question
PJC 16.3 Borrowed Employee—Question
PJC 16.4 Excluded Employment—Question
PJC 16.5 Employer with More Than One Business—Question
PJC 16.6 Out-of-State Employment and Injury—Question
PJC 16.7 Subcontracting to Avoid Compensation Liability—Question

CHAPTER 17 WORKERS’ COMPENSATION—COURSE AND SCOPE OF EMPLOYMENT

PJC 17.1 Injury in Course and Scope of Employment—Question
PJC 17.2 Heart Attack—Injury—Question
PJC 17.3 Not in Regular Course and Scope of Employment, orTemporary Direction—Instruction
PJC 17.4 Personal Comfort—Instruction
PJC 17.5 Employee Injured While Engaged in Recreational, Social, or Athletic Activities—Instruction
PJC 17.6 Employee Injured While Traveling (Comment)
PJC 17.7 Employee Injured While Traveling to or from Work—Instruction
PJC 17.8 Employee Injured While Traveling with Dual Purpose—Instruction

CHAPTER 18 WORKERS’ COMPENSATION—DEFENSES AND EXCEPTIONS

PJC 18.1 Act of God—Question
PJC 18.2 Intoxication—Question
PJC 18.3 Self-Inflicted Injury—Question
PJC 18.4 Injury Followed by Self-Inflicted Death—Question
PJC 18.5 Intentional Act of Another Person—Question
PJC 18.6 Employee’s Intention to Injure Another—Question
PJC 18.7 Horseplay—Question
PJC 18.8 Injurious Practices of Employees of Texas A&M University System or Its Institutions, the University of Texas System or Its Institutions, or the Texas Department of Transportation—Question
PJC 18.9 Election of Remedies—Question

CHAPTER 19 WORKERS’ COMPENSATION—OCCUPATIONAL DISEASE

PJC 19.1 Occupational Disease—Question
PJC 19.2 Date of Injury for Occupational Disease—Question
PJC 19.3 Last Injurious Exposure—Question

CHAPTER 20 WORKERS’ COMPENSATION—TIMELINESS OF RESPONDING, FILING, AND DISPUTING

PJC 20.1 Waiver—Question
PJC 20.2 Notice to Employer of Injury—Question
PJC 20.3 Good Cause for Delay in Notifying Employer—Question
PJC 20.4 Claim for Compensation to the Division—Question
PJC 20.5 Good Cause for Delay in Filing Claim—Question

CHAPTER 21 WORKERS’ COMPENSATION—EXTENT-OF-INJURY DISPUTES

PJC 21.1 Extent of Injury—Question

CHAPTER 22 WORKERS’ COMPENSATION—AVERAGE WEEKLY WAGE

PJC 22.1 Average Weekly Wage—Question
PJC 22.2 Wages—Definition for Average Weekly Wage
PJC 22.3 Average Weekly Wage—Definition
PJC 22.4 Nonpecuniary Wages—Definition
PJC 22.5 Similar Employees—Definition
PJC 22.6 Similar Services—Definition

CHAPTER 23 WORKERS’ COMPENSATION—DISABILITY, MAXIMUM MEDICAL IMPROVEMENT, AND IMPAIRMENT

PJC 23.1 Producing Cause of Disability—Question
PJC 23.2 Duration of Disability—Question
PJC 23.3 Wages Earned During Disability—Question
PJC 23.4 Bona Fide Position of Employment—Question
PJC 23.5 Date Bona Fide Position of Employment Offer Received—Question
PJC 23.6 Weekly Earnings Offered through Bona Fide Position of Employment—Question
PJC 23.7 Negating Division’s Finding of Maximum Medical Improvement; Seeking Determination of Not at Maximum Medical Improvement—Question
PJC 23.8 Negating Division’s Finding of Maximum Medical Improvement and Impairment Rating; Seeking Alternate Certification—Question
PJC 23.9 Maximum Medical Improvement and Impairment Rating (Multiple Alternative Impairment Ratings)—Question
PJC 23.10 Producing Cause—Definition
PJC 23.11 Disability—Definition
PJC 23.12 Wages—Definition for Disability, Maximum Medical Improvement, and Impairment
PJC 23.13 Bona Fide Position of Employment—Definition
PJC 23.14 Maximum Medical Improvement—Definition
PJC 23.15 Impairment—Definition
PJC 23.16 Impairment Rating—Definition

CHAPTER 24 WORKERS’ COMPENSATION—SUPPLEMENTAL INCOME BENEFITS

PJC 24.1 Supplemental Income Benefits Entitlement (Comment)
PJC 24.2 Reduced Earnings as Direct Result of Impairment—Question
PJC 24.3 Reduced Earnings as Direct Result of Impairment—Instruction
PJC 24.4 Active Effort to Obtain Employment—Question
PJC 24.5 Active Effort to Obtain Employment—Instruction
PJC 24.6 Refusal of Vocational Rehabilitation Services—Question

CHAPTER 25 WORKERS’ COMPENSATION—LIFETIME INCOME BENEFITS

PJC 25.1 Injury Causing Total Loss of Use—Question
PJC 25.2 Producing Cause of Total Loss of Use of Two Members—Question
PJC 25.3 Duration of Total Loss of Use—Question
PJC 25.4 Total and Permanent Loss of Vision—Question
PJC 25.5 Spinal Injury Resulting in Paralysis—Question
PJC 25.6 Incurable Insanity or Imbecility—Question
PJC 25.7 Burns to the Body—Question

CHAPTER 26 WORKERS’ COMPENSATION—DEATH BENEFITS

PJC 26.1 Death—Injury in Course and Scope of EmploymentProducing Death—Question
PJC 26.2 Death—Eligible Spouse—Question
PJC 26.3 Death—Eligible Child—Question
PJC 26.4 Death—Eligible Grandchild—Question
PJC 26.5 Death—Eligible Parent—Question

CHAPTER 27 WORKERS’ COMPENSATION—ATTORNEY’S FEES

PJC 27.1 Claimant’s Attorney’s Fees—Question

CHAPTER 28 PERSONAL INJURY DAMAGES

PJC 28.1 Personal Injury Damages—Instruction Conditioning Damages Questions on Liability
PJC 28.2 Personal Injury Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes—Actions Filed on or after September 1, 2003
PJC 28.3 Personal Injury Damages—Basic Question
PJC 28.4 Personal Injury Damages—Injury of Spouse
PJC 28.5 Personal Injury Damages—Injury of Minor Child
PJC 28.6 Personal Injury Damages—Parents’ Loss of Services of Minor Child
PJC 28.7 Personal Injury Damages—Exemplary Damages
PJC 28.8 Personal Injury Damages—Exclusionary Instruction for Other Condition
PJC 28.9 Personal Injury Damages—Exclusionary Instruction for Preexisting Condition That Is Aggravated
PJC 28.10 Personal Injury Damages—Exclusionary Instruction for Failure to Mitigate
PJC 28.11 Personal Injury Damages—Child’s Loss of Consortium—Question about Parent’s Injury
PJC 28.12 Personal Injury Damages—Child’s Loss of Consortium—Damages Question

CHAPTER 29 WRONGFUL DEATH DAMAGES

PJC 29.1 Wrongful Death Damages—Instruction Conditioning Damages Questions on Liability
PJC 29.2 Wrongful Death Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes—Actions Filed on or after September 1, 2003
PJC 29.3 Wrongful Death Damages—Claim of Surviving Spouse
PJC 29.4 Wrongful Death Damages—Claim of Surviving Child
PJC 29.5 Wrongful Death Damages—Claim of Surviving Parents of Minor Child
PJC 29.6 Wrongful Death Damages—Claim of Surviving Parents of Adult Child
PJC 29.7 Wrongful Death Damages—Exemplary Damages
PJC 29.8 Wrongful Death Damages—Apportionment of Exemplary Damages

CHAPTER 30 SURVIVAL DAMAGES

PJC 30.1 Survival Damages—Instruction Conditioning Damages Questions on Liability
PJC 30.2 Survival Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes—Actions Filed on or after September 1, 2003
PJC 30.3 Survival Damages—Compensatory Damages
PJC 30.4 Survival Damages—Exemplary Damages

CHAPTER 31 PROPERTY DAMAGES

PJC 31.1 Property Damages—Instruction Conditioning Damages Questions on Liability
PJC 31.2 Property Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes—Actions Filed on or after September 1, 2003
PJC 31.3 Property Damages—Market Value before and after Occurrence
PJC 31.4 Property Damages—Cost of Repairs and Loss of Use of Vehicle

CHAPTER 32 PRESERVATION OF CHARGE ERROR

PJC 32.1 Preservation of Charge Error (Comment)

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