Author Question: Wilma's arm is broken when Paula knocks her down during an argument. If Wilma sues Paula for ... (Read 185 times)

a0266361136 · **on:** Jun 24, 2018

Wilma's arm is broken when Paula knocks her down during an argument. If Wilma sues Paula for battery, what damages is Wilma likely to receive?

Question 2

Don was driving his truck when a board fell out of the truck bed and onto the road. Alice, who was driving closely behind Don's truck, tried to avoid the board, swerved and struck a telephone pole, causing her severe injuries. Which of the following is correct?
A)Don is strictly liable to Alice for her injuries.
B)In a comparative negligence state, the actions of Don and Alice will be weighed to determine liability.
C)Don was not negligent in allowing the board to fall out of his truck.
D)Don is engaging in ultrahazardous activity.

moormoney · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

A successful plaintiff usually receives compensatory damages, which are supposed to place the plaintiff in the position she was in before the defendant's conduct caused injury. Wilma can receive money for medical expenses she proves by producing bills from her medical providers. If a doctor testifies that she will need future treatment, she may also be awarded the expected cost. Under the single recovery principle, the court awards a lump sum for past and future expenses, and any unexpected expenses that arise in the future cannot be recovered. Paula is liable for Wilma's lost wages caused by the battery. Also, Wilma may receive payment for pain and suffering. Punitive damages, intended to punish the defendant for conduct that is extreme and outrageous, are awarded in relatively few cases.

Answer to Question 2

B