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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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