Torts 1 Outline Pittman
commuTorts Spring 2011
Pittman
1. Wrongful Death and Survival
A. Wrongful Death
1. Moragne v. States Marine Lines
1. Facts: P’s husband killed working on a boat owned by D b/c of D’s negligence.
2. Issue: Can an action for wrongful death and a survival action be brought together?
3. Rule: Wrongful death suits can be brought along with survival suits for the pain and suffering in the time in between the injury and death
4. Wrongful death: action created by the death of a person due to the tortious conduct of another brought by the beneficiaries or a personal representative of the decedent
1. Beneficiaries are listed statutorily, usually spouse, children, parents, next of kin
2. Other statues may apply (repose, limitations)
5. Survival action: an action the decedent had before his death that is brought by his executor/administrator on behalf of the estate
6. Felony-Merger Doctrine: CL does not allow recovery for an act that was both a tort and a felony, but it is allowed under modern US law
2. Selders v. Armentrout
a. Facts: 3 minor children killed in a car accident b/c of D’s negligence
b. Issue: How should damages for wrongful death be calculated?
c. Damages
i. Traditional Rule: Pecuniary losses(money benefits) only (pg. 597 note 1): measured by determining the monetary contribution that decedent would’ve made during his lifetime to the P beneficiary ii. Modern Rule: Pecuniary + Loss of companionship/consortium: the intangibles; sometimes consortium included in pecuniary (chores); many states cap non pecuniary iii. Grief iv. Some states allow punitive damages
B. Survival
1. Murphy v. Martin Oil
1. Facts: P’s husband injured in fire on D’s premises, lived for 9 days, then died. P sued under WD and Survival statues.
2. Issue: Whether P can recover for the loss of wages during those 9 days, the destruction of personal property b/c of injury, and the conscious pain and suffering he experienced in the 9 days
3. Policy: allow for adequate
Pittman
1. Wrongful Death and Survival
A. Wrongful Death
1. Moragne v. States Marine Lines
1. Facts: P’s husband killed working on a boat owned by D b/c of D’s negligence.
2. Issue: Can an action for wrongful death and a survival action be brought together?
3. Rule: Wrongful death suits can be brought along with survival suits for the pain and suffering in the time in between the injury and death
4. Wrongful death: action created by the death of a person due to the tortious conduct of another brought by the beneficiaries or a personal representative of the decedent
1. Beneficiaries are listed statutorily, usually spouse, children, parents, next of kin
2. Other statues may apply (repose, limitations)
5. Survival action: an action the decedent had before his death that is brought by his executor/administrator on behalf of the estate
6. Felony-Merger Doctrine: CL does not allow recovery for an act that was both a tort and a felony, but it is allowed under modern US law
2. Selders v. Armentrout
a. Facts: 3 minor children killed in a car accident b/c of D’s negligence
b. Issue: How should damages for wrongful death be calculated?
c. Damages
i. Traditional Rule: Pecuniary losses(money benefits) only (pg. 597 note 1): measured by determining the monetary contribution that decedent would’ve made during his lifetime to the P beneficiary ii. Modern Rule: Pecuniary + Loss of companionship/consortium: the intangibles; sometimes consortium included in pecuniary (chores); many states cap non pecuniary iii. Grief iv. Some states allow punitive damages
B. Survival
1. Murphy v. Martin Oil
1. Facts: P’s husband injured in fire on D’s premises, lived for 9 days, then died. P sued under WD and Survival statues.
2. Issue: Whether P can recover for the loss of wages during those 9 days, the destruction of personal property b/c of injury, and the conscious pain and suffering he experienced in the 9 days
3. Policy: allow for adequate