Next Generation Bar Exam Quiz
12 questions · no time limit
0:00
TORTS
Question 1 of 12
No time limit
Current
Answered
Flagged
Not seen
PASSAGE
Marco was struck by a delivery van. He was conscious for about 30 minutes after impact and then lapsed into a coma; he died three days later. Marco's wife, as personal representative of his estate, brought a survival action and a wrongful-death action against the driver. The jury found the driver negligent and awarded the following amounts: (1) $75,000 for Marco's conscious pain and suffering before death; (2) $40,000 for medical expenses incurred between injury and death; (3) $200,000 to Marco's wife for loss of support and loss of consortium; (4) $100,000 to Marco's daughter for loss of parental guidance; and (5) $25,000 for funeral expenses. The state has enacted both a survival statute and a wrongful-death statute:
Survival Statute § 2-101. All causes of action in tort survive the death of the injured person. The personal representative of the decedent's estate may recover damages the decedent would have recovered had the decedent lived, including damages for conscious pain and suffering and medical expenses. Damages recovered are assets of the estate.
Wrongful Death Act § 2-102. The personal representative may bring an action for the exclusive benefit of the decedent's spouse, children, and parents. The beneficiaries may recover damages for pecuniary loss resulting from the decedent's death, including loss of support, services, society, and parental guidance, and reasonable funeral and burial expenses.
Which statement correctly describes the amounts recoverable under these statutes?
YOUR PROGRESS
12
QUESTIONS
Ready when you are
Answer in any order. Your progress shows here as you go.
QUESTIONS
KEYBOARD
Pick an answer ABCD
Next question ↵→
Previous ←
Flag for review F
Answers save as you go · flagged questions come back at the end