Week 7 Tutorial Questions

.docx

School

Seton Hall University *

*We aren’t endorsed by this school

Course

6008

Subject

Law

Date

Jan 9, 2024

Type

docx

Pages

3

Uploaded by jadamarie123

Jada Porter Torts-Civil Liability for Civil Wrongs 12/20/2023 Week 7: Tutorial Questions TQ 7.1:  What types of losses can plaintiffs recover as compensatory damages? Plaintiffs can possibly recover compensatory damages for their pain & suffering, past or future lost wages, and past or future medical expenses. It may be difficult for a court to accurately estimate future lost wages and medical expenses. However, the plaintiff may still receive compensation depending on the circumstances of their losses. TQ 7.2:  Describe a case (real or made up) in which an injured plaintiff would be able to establish duty, breach, actual and proximate causation but could not establish significant compensatory damages. A made up case is the following: Chloe is a professional dancer who was hired by the Dance Corporation to perform in Cirque Du Soleil. Chris, the stage technician negligently failed to secure Chloe’s harness equipment during the first rehearsal. As a result, Chloe fell and fractured her wrist. Chloe established the following duty, breach, actual, and proximate causation. Chloe’s injury was minor because she only required immediate care at the emergency room with a few follow ups. Chloe’s wrist healed in six weeks and she did not miss any of her paid performances outside of the rehearsals. Chloe’s injury did not severely impact her daily life or her ability to work. Therefore, Chloe did not establish significant compensatory damages in court. Duty: The Dance Corporation employees owed a duty of care to Chloe to ensure she was safe. Breach: Chris failed to secure the harness equipment which breached his duty of care. Actual Causation: Chris’ negligence was the direct cause of Chloe’s fractured wrist. Proximate Causation: Chloe’s injury and Chris’ negligence are directly linked. If Chloe’s harness had been properly secured by Chris, her injury would not have occurred. TQ 7.3:   In  Philip Morris USA v. Williams , did the Supreme Court rule that juries may never consider evidence of harm to others in deciding whether to award punitive damages?  If not, explain how a jury could consider evidence of harm to others without violating the defendant’s constitutional rights. In Philip Morris USA v. Williams, the Supreme Court ruled under the due process clause that punitive damages should not be awarded based on harm done to others. Philip Morris could not defend himself against other parties who were not directly involved in the lawsuit. It is difficult for the court to determine the severity of other parties’ injuries.
Outside parties will have to file a lawsuit themselves to eliminate any speculation in the court. However, punitive damages can be determined by the defendant’s “risk of harm to the general public” (Philip Morris USA v. Williams 549 U.S. 346 2007). TQ 7.4:    With enactment of CA Civ Code §3361 on January 1, 2020, California became the first state to prohibit use of race and gender-based data in calculating damages in tort actions. After reviewing §3361and the Harvard Law Review article,  The Problem with Defining Tort Damages in Terms of Race & Gender, by Jesse Schwab , identify the ways in which race and gender have been used historically to reduce tort damages. Explain whether you think statutes such as CA Civ Code §3361 will be sufficient to prevent juries from relying upon race or gender in calculating damages. In addition, identify the proposed steps Schwab suggests should be taken to prevent use of race and gender in damage calculations. Explain whether you agree or disagree with Schwab’s recommendations. Describe any additional recommendation(s) you believe should be taken to prevent the use of race and gender in damage calculations. Race, ethnicity, and gender have been used historically to reduce tort damage. When determining future lost wages, courts use race, ethnicity, and gender to consider the plaintiff’s “likelihood of promotions and salary increases” in their career (Schwab 2019). For example, in G.M.M. v. Kimpson, the defense argued that an infant child’s injuries from lead exposure in his mother’s apartment called for reduced compensation solely based on the child’s Hispanic ethnicity. The defense stated that because the child was Hispanic, he “was unlikely to obtain a college or graduate degree and thus unlikely to obtain elevated income” (Schwab 2019). A Washington Post article highlighted the discrimination in this case as the plaintiff’s compensation would have been greater if the injured baby was racially white. There was a clear violation of the Due Process and Equal Protection clauses in this case (Avraham and Yuracko 2021). The Problem with Defining Tort Damages in Terms of Race & Gender article emphasizes that race and gender based data determines that harm done particularly to minority or women groups “is worth less than their white male counterparts” (Schwab 2019). Schwab suggests that more states should implement a policy similar to CA Civ Code §3361 so that race and gender based data is not considered in tort damage calculations. Author Schwab also advised that attorneys representing the plaintiffs in tort cases should protest more often against the use of this data in court. I do not think that statutes such as CA Civ Code §3361 or Schwab’s recommendations will be sufficient enough to prevent juries from relying on race and gender in calculating tort damage. Unfortunately, if members sitting on a court jury already have bias against minority or women plaintiffs, it is likely that their compensation will be reduced. I think that discrimination in tort damage cases will continue regardless. However, I believe that education concerning discrimination issues in law should be required for all attorneys and other professionals in the legal field. Mandatory race and gender classes in master’s or law school programs and ongoing training in practice could encourage legal professionals to not turn a blind eye to discrimination based on these factors. Citations
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help