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Exercise 1 of 1

Charlie gets drunk celebrating his release from jail. He gets a handgun and starts shooting through windows as he weaves down the road. One of the bullets hits Fran in the shoulder. She testifies in court that this caused a painful injury, $500 in emergency room bills and a week’s lost wages. Another bullet hits the pipe in Harvey’s kitchen, necessitating $300 in plumbing work. How much can each plaintiff be awarded in a tort action against Charlie?

A. Nothing, because Charlie is going straight back to jail and is obviously broke.
B. Harvey can recover his $300 and Fran her medical bills and lost wages. Fran cannot recover for the injury to her shoulder because she can’t put a money value on it.
C. Harvey can recover his $300 and Fran her medical bills and lost wages. Fran also can recover a reasonable sum for her pain and suffering, based on her testimony as to how painful her shoulder injury was.



Copyright Institute of Public Law
Judicial Education Center
MSC11 6060
1 University of New Mexico
Albuquerque, NM 87131-0001
505-277-5006
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