WRONG WRONGER WRONGEST
IS A STILLBORN A PERSON FOR THE PURPOSE OF A LAWSUIT
ENDREZ V. FRIEDBERG
NO. IF THE FETUS DIES IN UTERO AND IS NEVER BORN ALIVE, IT IS NOT CONSIDERED A DECEDENT OR PERSON UNDER THE WRONGFUL DEATH STATUTE.
MINORITY RULE: AN UNBORN CHILD HAS NO INDEPENDENT LEGAL EXISTENCE APART FROM THE MOTHER UNTIL A LIVE BIRTH OCCURS
MAJORITY RULE: ALLOW A WRONGFUL DEATH CLAIM FOR A STILLBORN FETUS ONLY IF THE FETUS WAS VIABLE AT THE TIME OF THE INJURY
TYPES OF WRONGFUL DEATH CASES
CAR ACCIDENTS
MEDICAL MALPRACTICE
WORKPLACE ACCIDENTS
DEFECTIVE PRODUCTS
TRUCK/COMMERCIAL VEHICLE ACCIDENTS
INTENTIONAL ACTS
PREMISES LIABILITY
#4 COMBO
NEGLIGENCE
BREACH OF WARRANTY
STRICT LIABILITY
REPRESENTATION/MARKETING
WHAT IS HENNINGSEN V. BLOOMFIELD MOTORS, INC.?
DISCLAIMERS OF IMPLIED WARRANTIES FOR THE SALE OF GOODS AND CONSEQUENT LIMITATIONS ON LIABILITY ARE INVALID IF THEY ARE UNFAIRLY PROCURED IN THAT THEY ARE NOT BROUGHT TO THE BUYER'S ATTENTION OR ARE UNCLEAR
CAN A CHILD RECOVER DAMAGES FOR WRONGFUL LIFE
PROKANIK BY PROKANIK V. CILLO
NO. IT IS IMPOSSIBLE TO WEIGH THE VALUE OF A LIFE W/ DISABILITIES AGAINST NON-EXISTENCE
HOWEVER, A CHILD CAN RECOVER FOR AVOIDABLE FOR EXTRAORDINARY MEDICAL EXPENSES HE WILL AND HAS INCURRED DURING HIS LIFETIME
WHAT ARE SURVIVOR STATUTES
WHEN AN ACCIDENT VICTIM DIES, HIS ESTATE MAY SUE FOR THOSE ELEMENTS OF DAMAGES THAT THE VICTIM HIMSELF COULD HAVE SUED FOR HAD HE LIVED
PRIVITY
A CONTRACT CANNOT IMPOSE RIGHTS OR CONFER OBLIGATIONS ARISING UNDER IT ON ANY PERSON OR AGENT EXCEPT THE PARTIES TO IT
WHAT ELEMENTS ARE REQUIRED FOR RECOVERY FOR LOSS OF COMPANIONSHIP
EXISTENCE OF A PRIMARY RELATIONSHIP
DURATION AND FREQUENCY OF INTERACTION
NATURE OF THE COMPANIONSHIP
EXTENT OF THE DEPRIVATION
ELEMENTS OF WRONGFUL DEATH DAMAGES
ECONOMIC SUPPORT THEY WOULD HAVE HAD THE ACCIDENT AND DEATH NOT OCCURRED
COMPANIONSHIP--INCLUDING SEXUAL COMPANIONSHIP LOST BY SPOUSE
COMPANIONSHIP -- FAMILY RELLATIONSHIPS
SOME STATES ALLOW FRIEF RECOVERY
WHAT IS MACPHERSON V. BUICK MOTOR CO.?
A MANUFACTURER OF ARTICLES THAT ARE NOT INHERENTLY DANGEROUS BUT MAY BECOME DANGEROUS WHEN IMPROPERLY CONSTRUCTED, OWES A DUTY OF CARE TO ANYONE BEYOND THE PURCHASER WHO MIGHT FORESEEABLY USE THE ARTICLES, WEN IT IS REASONABLE TO EXPECT NO FURTHER TEST WILL BE PERFORMED
WHAT IS SELDERS V. ARMENTROUT
THE MEASURES OF DAMAGES FOR THE WRONGFUL DEATH OF A MINOR CHILD SHOULD INCLUDE THE LOSS OF THE SOCIETY, COMFORT AND COMPANIONSHIP OF THE CHILD
RECOVERY FOR PAIN AND SUFFERING
ONLY ALLOWED IF THE DECEDENT WAS CONSCIOUS PRIOR TO HIS DEATH
SOME STATES ALLOW FOR PAIN AND SUFFERING BEFORE THE INJURY OCCURRED
IMPLIED WARRANTY FOLLOWS THE GOODS
COCA COLA BOTTLING WORKS V. LYONS
WRONGFUL DEATH OF A SPOUSE AWARD ELEMENTS
EVIDENCE OF A SHARED LIFE
EMOTIONAL AND PHYSICAL SUPPORT
DEPENDENCY ON COMPANIONSHIP
THE GAP CREATED
EVIDENCE OF REMARRIAGE IS INADMISSIBLE
WHAT CAN CLAIMANTS SUE FOR UNDER SURVIVORSHIP STATUTES
ACTUAL MEDICAL EXPENSES PRIOR TO DEATH
CONSCIOUS PAIN AND SUFFERING PRIOR TO DEATH
LOSS OF EARNING PRIOR TO DEATH/CONSCIOUS PAIN
PROPERTY DAMAGE
WHAT IS ESCOLA V. COCA COLA BOTTLING CO. OF FRESNO?
A MANUFACTURER INCURS ABSOLUTE LIABILITY WHEN AN ARTICLE THAT HE HAS PLACED ON THE MARKET, KNOWING THAT IT IS TO BE USED W/O INSPECTION, PROVES TO HAVE A DEFECT THAT CAUSES INJURY TO HUMANS