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

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

The scope of employment

Answer

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?

Accepted Answer

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

Answer

MCL 600.2946(5) historically made FDA approval an absolute defense for drug manufacturers unless the approval was obtained by fraud or bribery.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Torts and Negligence 3