How much money should the jury award the plaintiff Tom?

Question

Tom’s mother Mary passed away several years ago. One day, during a conversation between Tom and his friend Zeke it was learned that the Social Security Administration (SSA) was never informed of Mary’s death. Apparently, Tom convinced the funeral director not to notify the SSA. Zeke decided it was his civic duty to tell the SSA.

Tom was required to repay the SSA the total amount they deposited into a joint account held between Tom and his mother. This account remained active until the SSA advised the bank. In addition, Tom had to pay the SSA interest and a penalty. This angered Tom to a point where he needed psychiatric help and he sees the doctor usually twice per week.

Tom is suing his friend Zeke for five million dollars claiming mental anguish, insomnia, weight loss, chronic headaches, and general deteriorating health.

Note: All names have been changed to protect those involved. Any connection with persons of the same name or names is strictly unintentional.

Answer 1

Tom should receive nothing from Zeke. Zeke reported a crime. First and foremost, a person that makes a report of a crime is normally immune from civil liability arising from that report unless it can be shown that the report was false. Since the SSA required Tom to pay back the money the crime report was obviously not false.

Tom's situation and health issues were caused by his actions, not those of Zeke.

Additionally, had Zeke not reported the crime but had instead helped cover-up the crime, he could have been exposed to criminal charges for conspiring after the fact.

Answer 2

Tom is in a dilemma of his own making. He knowingly and calculatedly defrauded the SSA of money by not closing his mothers accounts, notifying SSA of her death, and convincing the funeral home not to notify them either.

Tom doesn't have a leg to stand on in this case and Zeke was not only doing his civic duty but covering his own butt by preventing the appearance of accessory by knowing a crime was being comitted and doing nothing about it.

Answer 3

Nothing. Tom was committing fraud, and Zeke, knowing this and not reporting it, would have been an accessory. Zeke was fulfilling his legal and ethical duty as a citizen by reporting Tom, so should not be liable for anything.

Answer 4

The plaintiff Tom was guilty of fraud to the US government. His friend Zeke did his civic duty by reporting him. No money should be awarded to Tom.

Answer 5

None, because Zeke did nothing legally wrong and Tom was essentially stealing from the government.

Also, your statement "Tom is suing his friend Zeke" is false. They are no longer friends (in my opinion).

Answer 6

Not to deny you the benefit of a doubt or anything -- but before posting inflammatory straw like that, you should at least take a basic course in torts. If you can at least identify what tort Tom claimed was committed here, than we can start analysing your hypothetical. Until then, the only educational value in it is to show how dumb and ignorant lay people are.

Answer 7

Nothing, him and the funeral director are the crooks. Zeke should be given a reward for turning these scumbags in. Not only that, they should be in jail for SS fraud.

Answer 8

I would pay Tom NOTHING. Tom is a cheat, Tom needs to go to JAIL. He should have mental anguish, insomnia, weight loss, chronic headaches, etc etc... boo hoo Tom. Get over it.

Answer 9

None Zeke was right

Answer 10

Tom shouldn't get a dime. In fact Tom should be in jail and be glad that he is not.