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Tex. Civ. Prac. & Rem. Code § 18.091

PROOF OF CERTAIN LOSSES; JURY INSTRUCTION

Applied in 4 court decisions — leading case Interconex, Inc. v. Ugarov (2007)

Most recently applied in Cal Dive Offshore Contractors Inc. v. Nigel Bryant (October 2015)

Added by Acts 2003, 78th Leg., ch. 204, Sec. 13.09, eff

How often courts cite this section

20072010201520
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Notwithstanding any other law, if any claimant seeks recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance, evidence to prove the loss must be presented in the form of a net loss after reduction for income tax payments or unpaid tax liability pursuant to any federal income tax law.

(b) If any claimant seeks recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance, the court shall instruct the jury as to whether any recovery for compensatory damages sought by the claimant is subject to federal or state income taxes.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.