MI Bar Torts and Negligence 3 — Questions and Answers
Question 1: In Michigan, what standard governs a claim for intentional infliction of emotional distress?
- Extreme and outrageous conduct intentionally or recklessly causing severe emotional distress (Correct answer)
- Any offensive conduct causing embarrassment
- Negligent conduct causing foreseeable distress
- Conduct violating any criminal statute
Correct answer: Extreme and outrageous conduct intentionally or recklessly causing severe emotional distress
Michigan courts require extreme and outrageous conduct, intent or recklessness, causation, and severe emotional distress for an IIED claim.
Question 2: Under Michigan governmental immunity, a governmental agency engaged in a governmental function is generally immune from tort liability unless the claim falls within what?
- A statutory exception such as the highway, motor vehicle, or public building exception (Correct answer)
- Any claim involving physical injury
- Claims filed within 90 days
- Claims exceeding $25,000 in damages
Correct answer: A statutory exception such as the highway, motor vehicle, or public building exception
MCL 691.1407 grants broad immunity subject to narrowly construed statutory exceptions like highways, government-owned vehicles, and public buildings.
Question 3: A Michigan plaintiff sues for negligent infliction of emotional distress after witnessing injury to a family member. Which element is required?
- Contemporaneous or nearly contemporaneous perception of the injury to a close relative, causing physical manifestations (Correct answer)
- Only proof that the plaintiff heard about the accident later
- A pre-existing contractual relationship with the defendant
- Proof that the defendant acted intentionally
Correct answer: Contemporaneous or nearly contemporaneous perception of the injury to a close relative, causing physical manifestations
Michigan bystander recovery requires witnessing the injury to an immediate family member at or near the time it occurs, plus resulting physical harm.
Question 4: In Michigan, an employer's vicarious liability for an employee's tort requires that the employee acted within what?
- The scope of employment (Correct answer)
- The employee's job title
- Normal business hours only
- The employer's physical premises
Correct answer: The scope of employment
Respondeat superior in Michigan holds employers liable only for torts committed within the scope of employment in furtherance of the employer's business.
Question 5: Under Michigan product liability law, what is the effect of a manufacturer's compliance with FDA approval for a drug?
- It generally provides an absolute defense to product liability, absent fraud on the FDA (Correct answer)
- It is irrelevant to liability
- It merely creates a rebuttable presumption of non-defectiveness
- It shifts the burden of proof to the plaintiff
Correct answer: It generally provides an absolute defense to product liability, absent fraud on the FDA
MCL 600.2946(5) historically made FDA approval an absolute defense for drug manufacturers unless the approval was obtained by fraud or bribery.
Question 6: A Michigan plaintiff establishes negligence per se by showing violation of a statute. How does Michigan treat such a violation?
- As a rebuttable presumption of negligence (Correct answer)
- As conclusive proof of negligence
- As irrelevant unless the statute is criminal
- As proof of causation
Correct answer: As a rebuttable presumption of negligence
In Michigan, violation of a penal statute creates a rebuttable presumption of negligence rather than negligence as a matter of law.
Question 7: In Michigan, joint and several liability in tort actions has largely been replaced by what system?
- Fair-share several liability allocating fault percentages to each tortfeasor (Correct answer)
- Pure joint liability among all defendants
- Market-share liability
- Alternative liability
Correct answer: Fair-share several liability allocating fault percentages to each tortfeasor
Michigan's 1995 tort reform generally abolished joint and several liability, making each defendant liable only for its allocated percentage of fault, with exceptions such as medical malpractice.
MI Bar Torts and Negligence 3
In Michigan, what standard governs a claim for intentional infliction of emotional distress?