VA Bar Torts and Negligence 4

Question 1

A driver negligently strikes a pedestrian who is rushed to the hospital.
Due to an undetectable pre-existing heart condition, the pedestrian dies during surgery.
But for the accident, the pedestrian would not have had surgery.
Is the driver liable for the death?

Accepted Answer

Yes, because under the but-for test the driver's negligence caused the death

Answer

No, because the pre-existing heart condition was an unforeseeable intervening cause

Answer

No, because surgical complications constitute a superseding cause as a matter of law

Answer

Yes, but only for the collision injuries, not for the surgical death

Question 2

A negligent driver injures a pedestrian. A second driver, acting reasonably, later arrives and negligently strikes the same pedestrian, causing additional injuries. Is the first driver liable for the injuries caused by the second driver?

Accepted Answer

No, because the second driver's independent negligent act is a superseding cause of the additional injuries

Answer

Yes, because injury from a second accident at the scene is a foreseeable consequence of the first negligence

Answer

Yes, but only if the first driver was still present at the scene when the second accident occurred

Answer

No, because joint and several liability never applies when defendants act independently in Virginia

Question 3

A plaintiff sues for injuries from a car accident. Which of the following is NOT a recoverable element of compensatory damages in Virginia tort law?

Accepted Answer

Inconvenience caused to the court system by the litigation

Answer

Past medical expenses already incurred

Answer

Future lost earning capacity

Answer

Pain, suffering, and mental anguish

Question 4

Under Virginia Code § 8.01-38.1, what is the statutory cap on punitive damages in civil tort actions?

Accepted Answer

$350,000

Answer

$250,000

Answer

$500,000

Answer

$750,000

Question 5

A plaintiff injured in a tort is compensated by her health insurer for $50,000 in medical bills. The defendant moves to reduce the plaintiff's damages award by $50,000. How does Virginia treat this situation?

Accepted Answer

The collateral source rule bars reduction; the defendant cannot benefit from benefits the plaintiff received from independent sources

Answer

The reduction is granted; a plaintiff cannot recover more than her actual out-of-pocket losses

Answer

Virginia has abolished the collateral source rule by statute for personal injury actions

Answer

The insurer's subrogation rights automatically reduce the plaintiff's award at trial

Question 6

A plaintiff's knee injury from a car accident requires surgery. The anesthesiologist negligently administers too much anesthesia, causing permanent brain damage. How does Virginia treat the original defendant's liability for the anesthesiologist's negligence?

Accepted Answer

The original defendant remains liable because negligence in treating accident injuries is a foreseeable consequence of the original negligence

Answer

The original defendant is not liable because medical malpractice is always a superseding cause as a matter of law

Answer

The original defendant is only liable if the anesthesiologist is also found independently liable

Answer

Virginia requires strict apportionment between the two defendants before imposing any liability

Question 7

A Virginia jury awards a plaintiff $350,000 in compensatory damages for injuries caused by a defendant who was texting while driving 20 mph over the speed limit. Evidence shows conscious disregard for others' safety. May the jury also award punitive damages?

Accepted Answer

Yes, if the conduct was willful, wanton, or so reckless as to show conscious disregard for others' rights, subject to the statutory cap

Answer

No, because punitive damages require proof of actual malice directed at the plaintiff specifically

Answer

No, because punitive damages are unavailable in automobile negligence cases under Virginia law

Answer

Yes, but they are automatically capped at the same amount as the compensatory award