Ted Jackson is walking down Main Street with his son Hank when they are both hit by Sue's car at the crosswalk. Ted spends three months in the hospital recovering. Hank is in the hospital for two months. Throughout their stay in the hospital, they are visited by Rachel Jackson (the wife of Ted and mother of Hank) and by Rose (the daughter of Ted and Rachel and the sister of Hank). 

1. Who can be a possible plaintiff against Sue? 

2. A consortium action cannot be won against Sue unless? 

3. Rachel Jackson can try to bring an action against Sue for what? 

4. Rose Jackson can try to bring an action against Sue for what? 

5. In Ted's action against Sue, he can seek damages for what?

 

Case Study 2

Dave and Gail Dolon are married with one child, Kevin. Dave has an affair with his secretary, Sally Ford. Dave contracts a venereal disease, which he believes he caught from Sally. Dave ends the affair when he finds out that he has VD because of Sally. He resumes his marital relations with Gail, who now contracts VD from Dave. When Gail finds out that Dave gave her VD, she takes Kevin and leaves without telling Dave where they have gone. Six months later, Dave learns that Gail and Kevin are living with Gail's mother in another state where she files for divorce.

1. Can Dave sue Sally for causing his venereal disease?

2. Can Gail sues Dave for causing her venereal disease?

3. Can Gail bring an action against Sally for alienation of affections?

4. Can Dave sue Gail for absconding with Kevin, and creating a tortious interference with parental relationships?

5. Can Dave and Gail bring a tort claim against each other in the divorce action?