MI Bar Torts and Negligence 3

Question 1

In Michigan, what standard governs a claim for intentional infliction of emotional distress?

Accepted Answer

Extreme and outrageous conduct intentionally or recklessly causing severe emotional distress

Answer

Any offensive conduct causing embarrassment

Answer

Negligent conduct causing foreseeable distress

Answer

Conduct violating any criminal statute

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?

Accepted Answer

A statutory exception such as the highway, motor vehicle, or public building exception

Answer

Any claim involving physical injury

Answer

Claims filed within 90 days

Answer

Claims exceeding $25,000 in damages

Question 3

A Michigan plaintiff sues for negligent infliction of emotional distress after witnessing injury to a family member. Which element is required?

Accepted Answer

Contemporaneous or nearly contemporaneous perception of the injury to a close relative, causing physical manifestations

Answer

Only proof that the plaintiff heard about the accident later

Answer

A pre-existing contractual relationship with the defendant

Answer

Proof that the defendant acted intentionally

Question 4

In Michigan, an employer's vicarious liability for an employee's tort requires that the employee acted within what?

Accepted Answer

The scope of employment

Answer

The employee's job title

Answer

Normal business hours only

Answer

The employer's physical premises

Question 5

Under Michigan product liability law, what is the effect of a manufacturer's compliance with FDA approval for a drug?

Accepted Answer

It generally provides an absolute defense to product liability, absent fraud on the FDA

Answer

It is irrelevant to liability

Answer

It merely creates a rebuttable presumption of non-defectiveness

Answer

It shifts the burden of proof to the plaintiff

Question 6

A Michigan plaintiff establishes negligence per se by showing violation of a statute. How does Michigan treat such a violation?

Accepted Answer

As a rebuttable presumption of negligence

Answer

As conclusive proof of negligence

Answer

As irrelevant unless the statute is criminal

Answer

As proof of causation

Question 7

In Michigan, joint and several liability in tort actions has largely been replaced by what system?

Accepted Answer

Fair-share several liability allocating fault percentages to each tortfeasor

Answer

Pure joint liability among all defendants

Answer

Market-share liability

Answer

Alternative liability