Torts Question

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HabeasTortoise
Posts: 14
Joined: Wed Dec 11, 2013 2:51 pm

Torts Question

Postby HabeasTortoise » Wed Dec 11, 2013 2:55 pm

Hey guys. So I have my torts exam tomorrow and had a quick question specifically regarding NY Law.

In regard to the EPTL, if a plaintiff brings an action for wrongful death, products liability, personal injury, and breach of contract, does the EPTL force all the claims to be brought with two years of the decedent's passing as per the eptl (by his estate's rep), or would the wrongful death claim be two years, and the others would be dictated as normal (ex. b/k=4 years, tort = 3 years)

Here's the old questions I am looking at

On December 10, 2006, Carl purchased a Nautilus BAY-ICE X2006*
for use in Lake Placid in upstate New York. There are no manufacturing
defects in Carl’s airboat. On December 11, 2006, he set out to enjoy his new
boat on partially frozen Lake Placid. While travelling across the water, he
encountered the beginning of a frozen section of the lake, and his boat
capsized. After spending three hours in the near-freezing water clinging to his
boat, Carl was rescued by Travis, a drunken fisherman who heard Carl’s cries for help while
rowing his boat on the open water. Travis hauled Carl into the row boat, but broke Carl’s arm in
the process. Carl suffered from hypothermia, was brought ashore and rushed to the Lake Placid
hospital. There on that very day Dr. Falstaff, whose medical license had lapsed, negligently
performed unnecessary open heart surgery on Carl, from which Carl never recovered. He died
on December 15, 2006, just five days after purchasing the BAY-ICE X2006.


*The Airboat is not a motor vehicle under New York State law. RELEASED TO THE LIBRARY 01/2013
TORTS EXAM – Page 4
(Continued on next page)


Carl’s Personal Representative commenced a combined personal injury survival action
and a wrongful death action against Nautilus, Travis and Dr. Falstaff on December 10, 2009 in
Adirondack County Supreme Court, asserting causes of action against Nautilus in strict product
liability (design defect) and breach of implied warranty of fitness; against Travis in negligence;
and against Dr. Falstaff in medical malpractice.

19. Carl’s Personal Representative has a valid negligence personal injury claim against
Nautilus.

20. The personal injury strict product liability claim against Nautilus is timely.

21. The personal injury breach of warranty claim against Nautilus is timely.

22. The wrongful death claim against Nautilus on both strict product liability and breach
of warranty is timely.

23. The personal injury claim against Travis is timely.

24. The wrongful death claim against Travis is timely.

25. The personal injury claim against Dr. Falstaff is timely.

26. The wrongful death claim against Dr. Falstaff is timely


Thanks in advance.



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