Overlawyered » deep pocket

Illinois court: don’t blame railroad for asbestos delivery

Walter Olson — Mon, 06 Feb 2012 14:43:21 +0000

“This January, the justices stopped [attorney James] Wylder’s argument dead in its tracks once again, concluding that the McLean County Circuit Court should have dismissed his three negligence suits against Illinois Central Railroad. Wylder had argued that Illinois Central was responsible for the alleged asbestos-related injuries of workers at an asbestos plant because the asbestos had arrived there by rail.” [Chamber's Madison County Record, more; background on "asbestos conspiracy" line of Illinois cases, LNL]

Tags: asbestos, deep pocket, Illinois, Madison County, railroads

January 31 roundup

Walter Olson — Tue, 31 Jan 2012 05:06:21 +0000

Latest of periodic Towers Watson (formerly Towers Perrin/Tillinghast) surveys: tort costs fell in 2010 excluding oil spill liability [Towers Watson]
“Will Newt Neuter the Courts?” [James Huffman, Defining Ideas] Obama’s high court appointees are fortunately friendlier toward civil liberties than he is [Steve Chapman]
Unanimous Cal Supremes: companies not legally responsible for other companies’ asbestos products used as replacement for theirs [Cal Biz Lit, Jackson, Beck, Mass Tort Prof]
Claim: jurors considered policy implications of verdict and you can’t have that [On Point; defense verdict in Baltimore, Maryland school-bullying case]
Airfare display mandate: “‘Protecting’ Consumers from the Truth About the Cost of Government” [Thom Lambert, TotM]
Critical assessment of AP-backed new copyright aggregator “NewsRight” [Mike Masnick] Promises not to be “Righthaven 2.0″ [Cit Media Law]
Restatement (Third) of Torts drafters vs. Enlightenment scientific views of causation [David Oliver in June]

Tags: airlines, asbestos, Baltimore, Barack Obama, bullying, California, deep pocket, juries, Newt Gingrich, RightHaven, taxes, Tillinghast, toxic torts

“Wrongful-Death Suit Filed Against Criminal Defendant’s Parents, Grandmother”

Walter Olson — Mon, 23 Jan 2012 14:30:16 +0000

“While lawyer Scott Marshall has pleaded guilty to a murder charge, his victim’s mother has filed an unusual wrongful-death suit against not only him but his parents and his 92-year-old grandmother.” [Texas Lawyer]

Tags: deep pocket, Texas, third party liability for crime

Montana: “Bicyclist Gets Nearly $100G After Fall on Icy Trail”

Walter Olson — Sat, 03 Dec 2011 16:37:03 +0000

“The president of the Florence Park District says he’s disappointed in a system that allows a man riding a motorized bicycle on a winter night on a trail that doesn’t allow motorized vehicles to receive an insurance settlement. Half of the settlement came from a Florence bar because snow was pushed onto the trail when the bar parking lot was plowed.” [AP]

Tags: deep pocket, Montana, personal responsibility, recreation

“Sugarland sued over Indiana stage collapse”

Walter Olson — Tue, 29 Nov 2011 15:16:20 +0000

Lawyers for survivors of a calamitous stage collapse at the Indiana State Fair in August have sued a variety of defendants including country music duo Sugarland, producers, stagehands and others. [Hollywood Reporter]

Tags: deep pocket, Indiana, music and musicians

Deep pocket files: Highway 101 crash

Walter Olson — Tue, 01 Feb 2011 05:15:15 +0000

In 2007, on Highway 101 north of Ventura, Jeremy White plowed his pickup truck into a vehicle parked along the roadside, killing its driver and paralyzing a California highway patrolman who was standing alongside. White “pleaded guilty in September 2008 to gross vehicular manslaughter while intoxicated and selling and transporting marijuana. He was sentenced to 15 years.” While he had an insurance policy, its limit was a paltry $15,000. So which deep pockets will be left responsible for paying the nearly $50 million a jury has awarded in damages? The answer, apparently: 1) White’s insurance company, despite the policy limit, due to the magic of “insurance bad faith” law; 2) Bert’s Mega Mall in Covina, whose employees, according to the plaintiffs in the case, “didn’t properly strap down two dirt bikes in the back of White’s truck, which caused a distraction and contributed to the crash.”

After the trial ended Tuesday, the mall’s lawyer, Terrence Cranert, said they would appeal.

He said there was significant evidence the jury didn’t receive, including a statement from White’s passenger who told the CHP that he and White had stopped to smoke marijuana after leaving the mall. Cranert said they weren’t able to find White’s passenger for the trial, but felt the information should have been allowed.

The judge, however, disagreed.

White’s passenger also told the CHP that he and White went into the back of the truck and opened a tool box to get the marijuana, according to Cranert. “They would have to unstrap the motorcycles,” Cranert said.

[Ventura County Star reporting, liability and damages phases]

Tags: California, deep pocket, insurance, joint and several liability

1995 Washington Square sudden acceleration revisited

Ted Frank — Wed, 17 Mar 2010 05:11:51 +0000

In 1992, Diana Maychick drove her mother’s Oldsmobile back to Washington Place in Greenwich Village, and got out. Her mother, the 74-year-old Stella Maychick, slid over from the passenger seat to the driver’s seat, readying herself to return to Yonkers. Maycheck, a shorter-than-average woman, suddenly took off in the car, which sped up, ran two stop signs, and tore through Washington Square Park, killing five and maiming several others.

Diana Maychick is now Diana Foote, a restaurant reviewer for a Palm Beach newspaper, and recently recounted the accident, claiming the recent Toyota troubles exonerated her mother.

Which I found fascinating, because I worked on that litigation—and the evidence that Maychick hit the gas instead of the brake was so strong that the plaintiffs’ lawyers abandoned the standard specious “mysterious gremlins caused the car to accelerate” theory and replaced it with a “General Motors knew that drivers were hitting the wrong pedal but didn’t do enough to warn them” theory. I took issue with Foote’s column in a letter to the newspaper.

As for the lawsuit itself, the judge excused everyone in the voir dire who expressed the remotest skepticism about plaintiffs’ theory, and GM settled shortly after the start of trial. One certainly marvels at the chutzpah of the theory of the case, given trial lawyers’ role in trying to persuade the public that driver error couldn’t possibly be to blame.

Tags: autos, deep pocket, failure to warn, General Motors, New York, sudden acceleration, Ted Frank

Deep pockets files: 1956 edition

Ted Frank — Thu, 11 Mar 2010 10:22:39 +0000

Decedent, Lloyd A. Wiseman, a vice president of a San Francisco bank, died of asphyxiation and burns in a hotel room in New York City. He was in that city on bank business, and his traveling expenses, including his hotel bills, were paid by the bank. A woman, not his wife but registered as such, was found unconscious in his room and died shortly thereafter. There was evidence that they had been drinking. Sometime between 4 and 5 in the morning of his death, Wiseman telephoned the hotel manager for help because of a fire in his room. After calling the fire department, the manager went to the room but was unable to open the door with his passkey. Firemen arrived shortly thereafter and broke into the room but were too late to save the occupants. It was the opinion of the assistant fire marshal that the fire was caused by careless smoking by either one or both of the occupants.

The California Supreme Court went on to hold that Wiseman’s widow and children were entitled to death benefits from his employer because his death “was proximately caused by the employment”—a remarkable definition of proximate cause. The Court reasoned that Wiseman might have died while entertaining a legitimate guest in the hotel room (at 4 in the morning?), so the fact that the death occurred in the course of nookie was irrelevant. That seems to me to prove too much: Wiseman might have died smoking in his bed at home, too, and he just happened to be in a hotel when his bad habits killed him. But this was part of Judge Traynor’s successful remaking of tort law in the 1950’s, and the death of proximate cause is a large part why we have the mess we have today. Wiseman v. Industrial Acc. Com. (1956) 46 Cal. 2d 570.

(You can tell that this is still over fifty years ago, though, because the widow didn’t sue the hotel or cigarette company.)

Tags: California, deep pocket, fire, hotels, proximate cause

Truck-driver father runs over own daughter; guess who is to blame?

Ted Frank — Wed, 10 Mar 2010 09:42:02 +0000

In 2004, truck driver Simon Loza Mejia violated company regulations, and took his eight-year-old Diana Yuleidy Loza-Jimenez along on a long-haul trip from Oregon to Bakersfield. That November 27, he was pulling away in the truck, but apparently didn’t bother to check where his daughter was, and ran over her. This was, argued her attorneys, the fault of her father’s employer—and a Sacramento County judge agreed with the argument that it was legally irrelevant that her father was the one who ran her over. Unsurprisingly, a jury ignorant of the facts awarded Diana, whose lower body was crushed, a jackpot verdict of $24.3 million, over $20 million of which was noneconomic damages. (Andy Furillo, “Sacramento jury awards record $24.3 million to girl run over by dad’s truck”, Sacramento Bee, Mar. 9 (h/t @BobDorigoJones)).

Tags: California, deep pocket, jackpot justice, noneconomic damages, pedestrian, personal responsibility, vicarious liability

Update on Ogborn v. McDonald’s

Ted Frank — Mon, 23 Nov 2009 21:11:53 +0000

Those of you who have attended my “Law of McDonald’s” talks in California and Florida may recall the case of the strip search hoax. A Florida man who was unusually persuasive would call dozens of fast food restaurants until he could find someone who would believe he was with the police and who would disrobe employees (or themselves) at his instructions; though there have been other lawsuits seeking to blame the fast food restaurants for this, courts have generally thrown them out. One exception was the case of Ogborn v. McDonald’s, where two targets of the hoax successfully sued for millions. On Friday, the Kentucky Court of Appeals largely affirmed the lower court judgment, though it reduced the punitive damages received by Donna Summers (who gave an Alford guilty plea for her role in the strip search) from $1 million to $400,000. McDonald’s hasn’t yet decided whether to appeal to the Kentucky Supreme Court. (Andrew Wolfson, “Appeals court upholds $6.1 million strip-search verdict against McDonald’s”, Kentucky Courier-Journal, Nov. 20, via ABA Journal).

Tags: criminals who sue, deep pocket, failure to warn, Kentucky, McDonald's, personal responsibility, punitive damages, strip search hoax, third party liability for crime, workplace

Overlawyered » deep pocket

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