Texas Pattern Jury Charges Malpractice, Premises & Products (2012 Edition)

Texas Pattern Jury Charges - Malpractice

Texas Pattern Jury Charges—Malpractice, Premises & Products (2012 Edition)

  • By the State Bar Committee on Pattern Jury Charges
  • Instant Download! Digital Product Features
  • 1 volume; softbound
  • 492 pages
  • © 2012
  • $125.00

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Texas Pattern Jury Charges—Malpractice, Premises & Products 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 professional malpractice, premises, and products cases. The pattern charges are suggestions and guides to be used by a trial court if they are applicable and proper in a specific case.

A notable change to the new 2012 edition of Texas Pattern Jury Charges—Malpractice, Premises & Products is the inclusion of a new chapter 72, which submits questions, instructions, and definitions relating to certain Texas Penal Code violations that may be used in establishing joint and several liability. The Committee has also made several significant revisions to the chapters on damages, including the addition of comments about the types of economic damages that may be recoverable in accounting malpractice cases, more precise definitions of the damages recoverable in negligent misrepresentation cases, and updated comments relating to medical care expenses. In addition, the definition of proximate cause has undergone a slight revision to eliminate potentially confusing references to “events.” Finally, the admonitory chapter includes updated instructions to jurors, and the volume concludes with a new chapter 86 discussing the preservation of charge error.

The Texas Pattern Jury Charges—Malpractice, Premises & Products digital product contains the entire book as a hyperlinked and word-searchable PDF file. All charge language is included as RTF files linked to the comments for quick retrieval and assembly of jury charges. Texas case citations are linked to an online version of the Casemaker Web Library. Texas statute citations are linked to the main code section cited via Casemaker online.

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CONTENTS

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PREFACE
PREFACE TO THE 2012 EDITION
CHANGES IN THE 2012 EDITION
INTRODUCTION

CHAPTER 40 ADMONITORY INSTRUCTIONS

PJC 40.1 Instructions to Jury Panel before Voir Dire Examination
PJC 40.2 Instructions to Jury after Jury Selection
PJC 40.3 Charge of the Court
PJC 40.4 Additional Instruction for Bifurcated Trial
PJC 40.5 Instructions to Jury after Verdict
PJC 40.6 Instruction to Jury If Permitted to Separate
PJC 40.7 Instruction If Jury Disagrees about Testimony
PJC 40.8 Circumstantial Evidence (Optional)
PJC 40.9 Instructions to Deadlocked Jury
PJC 40.10 Privilege—No Adverse Inference
PJC 40.11  Parallel Theories on Damages

[Chapters 41–49 are reserved for expansion.]

CHAPTER 50 MEDICAL MALPRACTICE—DEFINITIONS, INSTRUCTIONS, AND PRELIMINARY QUESTIONS

PJC 50.1 Physician’s Degree of Care; Proximate Cause
PJC 50.2 Hospital’s Degree of Care; Proximate Cause
PJC 50.3 Health Care Personnel’s Degree of Care; Proximate Cause
PJC 50.4 New and Independent Cause—Medical
PJC 50.5 Sole Proximate Cause—Medical
PJC 50.6 Physician-Patient Relationship
PJC 50.7 Evidence of Bad Result

CHAPTER 51 MEDICAL MALPRACTICE—THEORIES OF DIRECT LIABILITY

PJC 51.1 Use of “Occurrence,” “Injury,” or “Occurrence or Injury” (Comment)
PJC 51.2 Submission of Settling Persons, Contribution Defendants, and Responsible Third Parties Comment)
PJC 51.3 Negligence of Physician, Hospital, or Other Health Care Provider
PJC 51.4 Proportionate Responsibility—Medical
PJC 51.5 Proportionate Responsibility If Contribution Defendant Is Joined—Medical
PJC 51.6 Proportionate Responsibility—Medical—Derivative Claimant
PJC 51.7 Abandonment of Patient by Physician
PJC 51.8 Res Ipsa Loquitur—Medical (Comment)
PJC 51.9 Informed Consent (Common Law)
PJC 51.10 Informed Consent (Statutory)—Procedure Not on List A or B—No Emergency or Other Medically Feasible Reason for Nondisclosure—Disclosure in Issue
PJC 51.11 Informed Consent (Statutory)—Procedure on List A—No Emergency or Other Medically Feasible Reason for Nondisclosure—No Disclosure
PJC 51.12 Informed Consent (Statutory)—Procedure on List A—No Emergency or Other Medically Feasible Reason for Nondisclosure—Disclosure Not in Statutory Form
PJC 51.13 Informed Consent (Statutory)—Procedure on List A—No Disclosure—Emergency or Other Medically Feasible Reason for Nondisclosure in Issue
PJC 51.14 Informed Consent (Statutory)—Procedure on List A—Validity of Disclosure Instrument in Issue
PJC 51.15 Battery—Medical
PJC 51.16 Express Warranty—Medical
PJC 51.17 Implied Warranty—Medical (Comment)
PJC 51.18 Emergency Care (Statutory)
PJC 51.19 Malicious Credentialing Claim against a Hospital

CHAPTER 52 MEDICAL MALPRACTICE—THEORIES OF VICARIOUS LIABILITY

PJC 52.1 Borrowed Employee—Medical—Liability of Borrowing Employer
PJC 52.2 Borrowed Employee—Medical—Lending Employer’s Rebuttal Instruction
PJC 52.3 Borrowed Employee—Medical—Disjunctive Submission of Lending or Borrowing Employer
PJC 52.4 Ostensible Agency—Question and Instruction

CHAPTER 53 MEDICAL MALPRACTICE—DEFENSES

[Chapters 54–59 are reserved for expansion.]

CHAPTER 60 NONMEDICAL PROFESSIONAL MALPRACTICE—DEFINITIONS AND INSTRUCTIONS

PJC 60.1 Nonmedical Professional’s Degree of Care; Proximate Cause
PJC 60.2 New and Independent Cause—Nonmedical Professional
PJC 60.3 Sole Proximate Cause—Nonmedical Professional

CHAPTER 61 NONMEDICAL PROFESSIONAL MALPRACTICE—THEORIES OF RECOVERY

PJC 61.1 Use of “Occurrence,” “Injury,” or “Occurrence or Injury” (Comment)
PJC 61.2 Submission of Settling Persons, Contribution Defendants, and Responsible Third Parties Comment)
PJC 61.3 Nonmedical Professional Relationship—Existence in Dispute
PJC 61.4 Question and Instruction on Negligent Misrepresentation
PJC 61.5 Negligence of Nonmedical Professional
PJC 61.6 Proportionate Responsibility—Nonmedical Professional
PJC 61.7 Proportionate Responsibility If Contribution Defendant Is Joined—Nonmedical Professional
PJC 61.8 Proportionate Responsibility—Nonmedical Professional—Derivative Claimant
PJC 61.9 Liability of Attorneys under Deceptive Trade Practices Act (Comment)

[Chapters 62–64 are reserved for expansion.]

CHAPTER 65 PREMISES LIABILITY—DEFINITIONS AND INSTRUCTIONS

PJC 65.1 Application—Distinction between Premises Defect and Negligent Activity (Comment)
PJC 65.2 Negligence and Ordinary Care of Plaintiffs or of Defendants Other Than Owners or Occupiers of Premises
PJC 65.3 Child’s Degree of Care
PJC 65.4 Proximate Cause—Premises
PJC 65.5 New and Independent Cause—Premises
PJC 65.6 Sole Proximate Cause—Premises
PJC 65.7 Unavoidable Accident
PJC 65.8 Act of God
PJC 65.9 Emergency

CHAPTER 66 PREMISES LIABILITY—THEORIES OF RECOVERY

PJC 66.1 Use of “Occurrence,” “Injury,” or “Occurrence or Injury” (Comment)
PJC 66.2 Submission of Settling Persons, Contribution Defendants, and Responsible Third Parties (Comment)
PJC 66.3 Premises Liability Based on Negligent Activity or Premises Defect—Right to Control
PJC 66.4 Premises Liability—Plaintiff Is Invitee
PJC 66.5 Premises Liability—Plaintiff Is Licensee
PJC 66.6 Premises Liability—Plaintiff’s Status in Dispute
PJC 66.7 Premises Liability—Disjunctive Submission of Invitee-Licensee for Alternate Theories of Recovery
PJC 66.8 Premises Liability—Plaintiff-Licensee Injured by Gross Negligence
PJC 66.9 Premises Liability—Plaintiff Is Trespasser
PJC 66.10 Premises Liability—Attractive Nuisance
PJC 66.11 Premises Liability—Proportionate Responsibility
PJC 66.12 Premises Liability—Proportionate Responsibility If Contribution Defendant Is Joined
PJC 66.13 Premises Liability—Proportionate Responsibility—Derivative Claimant
PJC 66.14 Property Owner’s Liability to Contractors, Subcontractors, or Their Employees
(Tex. Civ. Prac. & Rem. Code ch. 95)

[Chapters 67–69 are reserved for expansion.]

CHAPTER 70 PRODUCTS LIABILITY—DEFINITIONS, INSTRUCTIONS, AND PRELIMINARY QUESTIONS

PJC 70.1 Producing Cause
PJC 70.2 Proximate Cause—Products Liability
PJC 70.3 New and Independent Cause—Products Liability
PJC 70.4 Sole Cause—Products Liability
PJC 70.5 Seller of a Product
PJC 70.6 Substantial Change in Condition or Subsequent Alteration by Affirmative Conduct—Instruction
PJC 70.7 Statute of Repose (Comment)

CHAPTER 71 PRODUCTS LIABILITY—THEORIES OF RECOVERY

PJC 71.1 Use of “Occurrence,” “Injury,” or “Occurrence or Injury” (Comment)
PJC 71.2 Submission of Settling Persons, Contribution Defendants, and Responsible Third Parties (Comment)
PJC 71.3 Manufacturing Defect
PJC 71.4 Design Defect
PJC 71.5 Marketing Defect—No Warning or Instruction or Inadequate Warnings or Instructions for Use Given with Product
PJC 71.6 Misrepresentation (§ 402B)
PJC 71.7 Negligence in Products Cases
PJC 71.8 Negligent Undertaking
PJC 71.9 Breach of Implied Warranty of Merchantability (Tex. UCC § 2.314(b)(3)) (Design Defect)
PJC 71.10 Breach of Implied Warranty of Merchantability (Tex. UCC § 2.314(b)(1)–(2), (4)–(6))
PJC 71.11 Breach of Implied Warranty of Fitness for a Particular Purpose (Tex. UCC § 2.315)
PJC 71.12 Breach of Express Warranty (Tex. UCC § 2.313)
PJC 71.13 Products Liability—Proportionate Responsibility
PJC 71.14 Products Liability—Proportionate Responsibility If Contribution Defendant Is Joined
PJC 71.15 Products Liability—Proportionate Responsibility—Derivative Claimant

CHAPTER 72 JOINT AND SEVERAL LIABILITY

PJC 72.1 Application—Joint and Several Liability as a Consequence of Certain Penal Code Violations (Comment)
PJC 72.2 Question and Instructions—Murder as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(A))
PJC 72.3 Question and Instructions—Capital Murder as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(B))
PJC 72.4 Question and Instructions—Aggravated Kidnapping as a Ground for Joint and Several Liability
(Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(C))
PJC 72.5 Question and Instructions—Aggravated Assault as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(D)) 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))
PJC 72.7 Question and Instructions—Aggravated Sexual Assault as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(F))
PJC 72.8 Injury to Child, Elderly Individual, or Disabled Individual as a Ground for Joint and Several Liability
PJC 72.9 Question and Instructions—Forgery as a Ground for Joint and Several Liability
(Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(H))
PJC 72.10 Question and Instructions—Commercial Bribery as a Ground for Joint and Several Liability
(Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(I))
PJC 72.11 Question and Instructions—Misapplication of Fiduciary Property or Property of Financial Institution as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(J))
PJC 72.12 Question and Instructions—Securing Execution of Document by Deception as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(K))
PJC 72.13 Question and Instructions—Fraudulent Destruction, Removal, Alteration, or Concealment of Writing as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(L))
PJC 72.14 Question and Instructions—Theft as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(M))
PJC 72.15 Question and Instructions—Continuous Sexual Abuse of a Young Child or Children as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(N))

[Chapters 73–79 are reserved for expansion.]

CHAPTER 80 PERSONAL INJURY DAMAGES

PJC 80.1 Personal Injury Damages—Instruction Conditioning Damages Questions on Liability
PJC 80.2 Personal Injury Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes—Actions Filed on or after September 1, 2003
PJC 80.3 Personal Injury Damages—Basic Question
PJC 80.4 Personal Injury Damages—Injury of Spouse
PJC 80.5 Personal Injury Damages—Injury of Minor Child
PJC 80.6 Personal Injury Damages—Parents’ Loss of Services of Minor Child
PJC 80.7 Personal Injury Damages—Exclusionary Instruction for Other Condition
PJC 80.8 Personal Injury Damages—Exclusionary Instruction for Preexisting Condition That Is Aggravated
PJC 80.9 Personal Injury Damages—Exclusionary Instruction for Failure to Mitigate
PJC 80.10 Personal Injury Damages—Cautionary Instruction Concerning Damages Limit in Health Care Suit
PJC 80.11 Personal Injury Damages—Child’s Loss of Consortium—Question about Parent’s Injury
PJC 80.12 Personal Injury Damages—Child’s Loss of Consortium—Damages Question

CHAPTER 81 WRONGFUL DEATH DAMAGES

PJC 81.1 Wrongful Death Damages—Instruction Conditioning Damages Questions on Liability
PJC 81.2 Wrongful Death Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes—Actions Filed on or after September 1, 2003
PJC 81.3 Wrongful Death Damages—Claim of Surviving Spouse
PJC 81.4 Wrongful Death Damages—Claim of Surviving Child
PJC 81.5 Wrongful Death Damages—Claim of Surviving Parents of Minor Child
PJC 81.6 Wrongful Death Damages—Claim of Surviving Parents of Adult Child
PJC 81.7 Wrongful Death Damages—Cautionary Instruction Concerning Damages Limit in Health Care Suit

CHAPTER 82 SURVIVAL DAMAGES

PJC 82.1 Survival Damages—Instruction Conditioning Damages Questions on Liability
PJC 82.2 Survival Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes—Actions Filed on or after September 1, 2003
PJC 82.3 Survival Damages—Compensatory Damages
PJC 82.4 Survival Damages—Cautionary Instruction Concerning Damages Limit in Health Care Suit

CHAPTER 83 PROPERTY DAMAGES

PJC 83.1 Property Damages—Instruction Conditioning Damages Questions on Liability
PJC 83.2 Property Damages—Instruction on Whether
Compensatory Damages Are Subject to Income Taxes—Actions Filed on or after September 1, 2003
PJC 83.3 Property Damages—Market Value before and after Occurrence
PJC 83.4 Property Damages—Cost of Repairs and Loss of Use of Vehicle

CHAPTER 84 ECONOMIC DAMAGES

PJC 84.1 Economic Damages—Instruction Conditioning Damages Questions on Liability
PJC 84.2 Economic Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes—Actions Filed on or after September 1, 2003
PJC 84.3 Economic Damages—Nonmedical Professional Malpractice
PJC 84.4 Sample Instructions for Economic Damages—Legal Malpractice
PJC 84.5 Sample Instructions for Economic Damages—Accounting Malpractice
PJC 84.6 Economic Damages—Question and Instruction on Monetary Loss Caused by Negligent Misrepresentation

CHAPTER 85 EXEMPLARY DAMAGES

PJC 85.1 Standards for Recovery of Exemplary Damages
PJC 85.2 Imputing Gross Negligence or Malice to a Corporation
PJC 85.3 Determining Amount of Exemplary Damages
PJC 85.4 Apportioning Exemplary Damages
PJC 85.5 Question and Instructions—Forgery as a Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(8))
PJC 85.6 Question and Instruction—Commercial (Fiduciary) Bribery as a Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(9))
PJC 85.7 Question and Instructions—Misapplication of Fiduciary Property as a Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(10))
PJC 85.8 Question and Instructions—Securing Execution of Document by Deception as a Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(11))
PJC 85.9 Question and Instruction—Fraudulent Destruction, Removal, Alteration, or Concealment of Writing as a Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(12))
PJC 85.10 Question and Instructions—Theft as a Ground for Removing Limitation on Exemplary Damages
(Tex. Civ. Prac. & Rem. Code § 41.008(c)(13))
PJC 85.11 Other Conduct of Defendant Authorizing Removal of Limitation on Exemplary Damages Award (Comment)

CHAPTER 86 PRESERVATION OF CHARGE ERROR

PJC 86.1 Preservation of Charge Error (Comment)

APPENDIX
STATUTES AND RULES CITED
CASES CITED
SUBJECT INDEX
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