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Question 1
Barney is walking down the street one day when he is run over by Homer. Barney is severely injured and spends several months in the hospital and several months in rehab after his release from the hospital. Barney's rehab was successful and, upon its completion, Barney was as good as new. If Barney's wife, Maggie, brings a cause of action for loss of consortium against Homer, she will:
Correct In order to have a viable action for loss of consortium, plaintiff must show a complete loss of services and sexual relations for a defined period of time. Here, Maggie was deprived of marital relations for the time that Homer was in the hospital. Therefore, she will win her suit and A is the correct answer. B is incorrect because women can sue for loss of consortium as well as men (only by common law were women prevented from suing).
Incorrect! In order to have a viable action for loss of consortium, plaintiff must show a complete loss of services and sexual relations for a defined period of time. Here, Maggie was deprived of marital relations for the time that Homer was in the hospital. Therefore, she will win her suit and A is the correct answer. B is incorrect because women can sue for loss of consortium as well as men (only by common law were women prevented from suing).
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Barney is walking down the street one day when he is run over by Homer. Barney is severely injured and spends several months in the hospital and several months in rehab after his release from the hospital. At the time of the accident, Barney is living with his fianc'e, Maggie. Maggie and Barney have been engaged for twelve years and have been living together since they got engaged. Barney's rehab was successful and, upon its completion, Barney was as good as new. If Maggie brings a cause of action for loss of consortium against Homer, she will:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct In order to have a viable action for loss of consortium, plaintiff must show a complete loss of services and sexual relations for a defined period of time. Please note that having a legal marriage is required to bring an action for loss of consortium. Long-term partners or fiancsection s cannot recover. Thus, D is the correct answer.
Incorrect! In order to have a viable action for loss of consortium, plaintiff must show a complete loss of services and sexual relations for a defined period of time. Please note that having a legal marriage is required to bring an action for loss of consortium. Long-term partners or fiancsection s cannot recover. Thus, D is the correct answer.
Question 3
Barney is walking down the street one day when he is run over by Homer. Barney is severely injured and spends several months in the hospital and several months in rehab after his release from the hospital. Barney's rehab was unsuccessful and Barney dies of his injuries. If Barney's wife, Maggie, brings a cause of action for loss of consortium against Homer, she will:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct In order to have a viable action for loss of consortium, plaintiff must show a complete loss of services and sexual relations for a defined period of time. Please note that having a legal marriage is required to bring an action for loss of consortium. However, a plaintiff can only recover for loss of consortium if their spouse is alive. If plaintiff's spouse dies, any action for loss of consortium will be barred. In such a situation, all plaintiff can recover for is wrongful death and, if the jurisdiction allows, survival tort actions.
Incorrect! In order to have a viable action for loss of consortium, plaintiff must show a complete loss of services and sexual relations for a defined period of time. Please note that having a legal marriage is required to bring an action for loss of consortium. However, a plaintiff can only recover for loss of consortium if their spouse is alive. If plaintiff's spouse dies, any action for loss of consortium will be barred. In such a situation, all plaintiff can recover for is wrongful death and, if the jurisdiction allows, survival tort actions.