Survival of Tort Actions Self-Quiz

 

 

 

 

 

 

 

Barney is a well regarded resident of Springfield. Homer, jealous of Barney’s popularity, publishes an article in the Springfield Gazette claiming that Barney is a chronic alcoholic. As a result of Homer’s article, several of Barney’s business and social relationships suffer. Barney sues Homer for defamation but, before the conclusion of the case, Barney dies. If Barney sues in a jurisdiction that allows tort actions to survive the death of one of the parties, Barney’s heirs will:
Choice 1 Win, because Barney was defamed
Choice 2 Win, because Barney suffered damages
Choice 3 Lose, because the laws of defamation protect an intangible personal interest
Choice 4 Lose, because Barney is no longer alive to testify
Barney is walking down the street one day when Homer hits Barney with his car. Barney sues Homer for $100,000 in compensatory damages and $50,000 in punitive damages. During the trial, Homer dies. If Barney sues in a jurisdiction that allows tort actions to survive the death of one of the parties and Barney wins the suit, Barney will collect:
Choice 1 $100,000 because a plaintiff can collect compensatory damages from the estate of a deceased defendant but not punitive damages
Choice 2 $50,000 because a plaintiff can collect punitive damages from the estate of a deceased defendant but not compensatory damages
Choice 3 $150,000 because a plaintiff can collect both compensatory and punitive damages from the estate of a deceased defendant
Choice 4 $0 because a plaintiff can not collect any damages from the estate of a deceased defendant

Barney is walking down the street one day when Homer hits Barney with his car. Barney, who is severely injured, sues Homer for damages that include lost earnings, medical expenses, pain and suffering, and mental distress. During the trial, Barney dies. Barney’s heirs want to file a wrongful death suit against Homer. In a jurisdiction that allows “survival” wrongful death suits, Barney’s heirs will be allowed to:
Choice 1 Add on their wrongful death suit to Barney’s original suit and collect, along with damages for their wrongful death suit, any damages that Barney himself would have been entitled to.
Choice 2 Collect any damages Barney would have been entitled to but not for their own wrongful death suit
Choice 3 Collect damages on their own wrongful death suit but not for damages that Barney would have been entitled to
Choice 4 Collect nothing
Barney is walking down the street one day when Homer hits Barney with his car. Barney, who is severely injured, sues Homer for damages that include lost earnings, medical expenses, pain and suffering, and mental distress. During the trial, Barney dies. Barney’s heirs want to file a wrongful death suit against Homer. In a jurisdiction that allows “true” wrongful death suits, Barney’s heirs will be allowed to:
Choice 1 Add on their wrongful death suit to Barney’s original suit and collect, along with damages for their wrongful death suit, any damages that Barney himself would have been entitled to.
Choice 2 Collect any damages Barney would have been entitled to but not for their own wrongful death suit
Choice 3 Collect damages on their own wrongful death suit but not for damages that Barney would have been entitled to
Choice 4 Collect nothing
Barney is walking down the street when he is run over by Homer and killed. During the trial for wrongful death, the jury determines that Barney was forty years old at the time of his death, he was making $100,000 a year as a paralegal, he would have worked for another twenty-five years, and he had living expenses of $10,000 per year. The jury also determined that the value of Barney’s companionship, support, services and contributions was $2 million. If Barney’s heirs win their wrongful death suit, they will recover:
Choice 1 $2 million
Choice 2 $4,250,000
Choice 3 $4.5 million
Choice 4 $2.5 million
Barney is walking down the street when he is run over by Homer. Barney, who is severely injured, successfully sues Homer for damages. After the conclusion of the trial, Barney dies from his injuries. In a wrongful death action, Barney’s heirs will be entitled to receive:
Choice 1 For any damages Barney recovered for plus pecuniary damages the heirs themselves suffered
Choice 2 For any damages Barney recovered for but not for pecuniary damages
Choice 3 For pecuniary damages but not for damages that Barney recovered
Choice 4 Nothing
Barney and his friend Crusty are tossing a football on Main Street in Springfield. Crusty throws Barney a long pass and Barney, trying to make the catch, runs into the street where he is struck and killed by Homer. In an action for wrongful death against Homer, Barney’s heirs will recover:
Choice 1 For damages Barney recovered for plus pecuniary damages that the heirs themselves suffered
Choice 2 For the damages that Barney recovered for but not for pecuniary damages
Choice 3 For pecuniary damages but not for damages that Barney recovered for
Choice 4 Nothing

Barney and his son Crusty are tossing a football on Main Street in Springfield. Crusty throws Barney a long pass and Barney, trying to make the catch, runs into the street where he is struck and killed by Homer. Crusty is Barney’s only living relative and his sole beneficiary. In an action for wrongful death against Homer, Crusty will recover:
Choice 1 For damages Barney recovered for plus pecuniary damages that the heir himself suffered
Choice 2 For the damages that Barney recovered for but not for pecuniary damages
Choice 3 For pecuniary damages but not for damages that Barney recovered for
Choice 4 Nothing

 

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