Posts Tagged ‘jackpot justice’

Great moments in foreseeable misuse

Cybex International, a manufacturer of exercise equipment, has agreed to pay $19.5 million to a Buffalo-area woman “who was injured by a piece of Cybex equipment when she improperly used a leg machine to stretch her shoulder.” A jury had awarded $66 million and a New York appellate court upheld the verdict, while reducing the sum to $44 million. [Lawsuit Reform Alliance of New York; Lintoid/Seeking Alpha and more; Sporting Goods Manufacturers Association]

“Mississippi Court Reverses $322 Million Asbestos Verdict”

“A Mississippi court has reversed a $322 million asbestos verdict against Union Carbide — believed to be the largest in U.S. history — after the judge failed to disclose his own father had pending asbestos litigation against the same company. … The jury ruled for Brown even though nine treating physicians, an independent medical examiner and an X-ray technician all testified that the plaintiff had no symptoms of asbestos-related disease.” [Daniel Fisher, Forbes; earlier here, here and here]

July 14 roundup

Judge’s impartiality questioned in $322 million Mississippi jury verdict

“In a motion filed Tuesday, attorneys for Union Carbide said Circuit Judge Eddie H. Bowen neglected to notify defense lawyers that his parents had been involved in similar asbestos litigation and had settled a case against Union Carbide.” A rural Mississippi jury earlier this month returned the largest asbestos verdict in American history, $322 million, against Union Carbide and other defendants. [AP/Stamford Advocate; Jackson Clarion-Ledger] More problems with verdict: Point of Law.

$9M alienation of affection award in NC

The defendant wasn’t at trial and didn’t have a lawyer, and plans to appeal; the judgment might as well be for $73 gazillion, as the ex-husband is already in contempt of court for failure to pay spousal support. (Greensboro News-Record March 18 and March 17 via Volokh). We’ve been covering the issue for years, as a click on the tags will reveal.

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

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)).

Carelessness for millions in New York City

Dustin Dibble was intoxicated when a Manhattan subway train ran over him in 2006, but a jury found the transit authority 65% responsible in February: $2.3 million for the lost right leg.

James Sanders stumbled onto the tracks and was hit by a train in 2002, but a New York City jury again found him only 30% responsible: $7 million for a lost right leg and eye.

Gloria Aguilar did not look both ways when she crossed the street; there was a dispute whether she was in the crosswalk. A Manhattan jury–after a seven-week trial–found the transit authority 100% responsible, and awarded $27.5 million for her lost left leg; a judge refused to reduce that figure.

Clearly a left leg is more valuable than a right leg. Or, as I’ve noted several times in the past, noneconomic damages are essentially random jackpots.

New York City is appealing all three verdicts. (Liz Robbins, “Woman Run Over by Bus Is Awarded $27.5 Million”, New York Times, Apr. 16).