A patient underwent heart bypass surgery at a hospital.Exam Tip: The distinction between conversion and trespass to chattels (especially with regard to damages) is often tested on the Multistate exam. Choice (C) is incorrect because the damages for a trespass to chattels claim wouLd be measured by the diminished value of the chattel, which could not exceed $500 here. Choice (B) is incorrect because the damages awarded for a conversion claim would be $500, because that was the value of the chattel. Here, the woman’s cat suffered a harmful contact, but the woman herself did not. Choice (A) is incorrect because battery requires harmful or offensive contact to a person. Choice (D), therefore, is the correct answer here, because a negligent infliction of emotional distress claim would give the woman a chance to recover for her emotional distress and the damages might be much higher than $500. The woman’s cat is worth only $500, so that would be the maximum amount she could recover with a conversion or trespass to chattels claim. (D) The key to this question is carefully reading the interrogatory or “stem,” which asks you to determine the cause of action that would afford the woman her maximum recovery.(D) Negligent infliction of emotional distress. Which of the following causes of action would afford the woman her maximum recovery? (A) Battery. The woman brings suit to recover damages against the neighbor. Fortunately, the cat survived the shooting but suffered a gunshot wound to her leg. Seeing her cat being shot, the woman was overcome with grief and became very emotionally distraught, which caused her to suffer a heart attack. The bullet narrowly missed the woman’s head but struck the cat. At that same moment, the neighbor’s hand shook, and the rifle accidentally went off. Out of instinct, the woman dived toward the rosebushes to save her beloved cat.
The woman saw the neighbor with the gun and said, “Please don’t shoot my cat.” The neighbor responded, “I’m sick and tired of her destroying my roses.” The neighbor then pointed the rifle at the cat. In the interim, the neighbor loaded his rifle and went outside.
The woman immediately ran over to the neighbor’s property to get the cat. The neighbor telephoned the woman and told her to retrieve her cat or he would kill it. One day, the neighbor looked out his kitchen window and saw the cat chewing on his prized rosebushes. The cat frequently entered the backyard of a neighbor, who lived in the house next to the woman. The woman allowed the cat to roam loose in the neighborhood. A woman owned a beautiful Siamese cat.
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