Chapter 5 Flashcards
So far as the law of torts is concerned, what is medical monitoring?
Regular checks for a specific disease.
What sort of victims were the plaintiffs in Potter v. Firestone Tire & Rubber Co.?
Primary victims.
To which sort of victim of emotional distress might the zone of danger be used to determine whether s/he was owed a duty in respect of that emotional distress?
Primary victim of pure emotional distress.
What sort of victims were the plaintiffs in Ochoa v. Superior Court?
Secondary victims.
What sort of victim was the plaintiff in Willis v. Gami Golden Glades?
A primary victim.
So far as the law of torts is concerned, what sort of person is a “bystander”?
A person who either witnessed the primary victim being injured or came across the aftermath.
Which of the following is not a concern when dealing with a case of emotional distress?
It risks duplicating awards for pain and suffering.
What is the difference between pure and consequential emotional distress?
Pure emotional distress involves no prior physical injury, whereas consequential emotional distress does.
What sort of victim was the plaintiff in Thing v. La Chusa?
A secondary victim.
What sort of victim was the plaintiff in Consolidated Rail Corp. v. Gottshall?
A primary victim.
What is the difference between a primary and a secondary victim?
A primary victim’s injury is not predicated on anyone else’s injury, whereas a secondary victim’s injury is predicated upon a primary victim’s injury
