Miscellaneous Tort Concepts

Question 1

Survival Statute

Answer 1

Heir brings suite on behalf of deceased.

CL - No cause existed
ML - Cause of action survives death and normal recovery under personal injury case is paid to estate.

No survival action for defamation or invasion of privacy

Question 2

Wrongful Death

Answer 2

CL - No cause existed

ML -
Majority - Recover what survivors would have contributed to their economic well being minus decedent’s cots of living. Loss of services, consortium; not pain and suffering.
Minority - Recover includes pain and suffering.

Same defenses as would have against decedent.

Question 3

Statute of Limitations

Answer 3

Two years from discovery of injury.

Question 4

Immunities

Answer 4

Intra-family immunity - Spouses can sue each other for property damage and personal injury before the marriage, intentional torts, injury from auto accidents and actions after divorce.

Charity - No immunity if proprietary function.

State and Local Governments - Cannot sue unless State consents or has Liability Insurance or local Gov engaged in proprietary function.