Friday, March 2, 2012

Time for Tort Reform Yet?


Read this awful case.  No one can think this award is correct.  The only folks against tort reform or even just award limits are the trial lawyers. 

California Woman Awarded $168 Million in Workplace Harassment Case
By Mark Memmott, NPR
March 2, 2012


Jurors levied $125 million in punitive damages and $42.7 million for lost wages and mental anguish.  Are you spitting me?  Mental anguish?  More than 40 million in mental anguish?  Please.

Never ever forget who pays these awards.  Apparently juries believe that the money grows on trees but it’s those brain dead jurors who foot the bill plus you and me of course.  Punitive damages should be done away with entirely.  If we want to change behavior, put folks in jail.  Justice is making injured parties whole – completely whole – but there is no reason to go to lottery like extremes and plenty of national good reasons not to.

It’s illegal to harass people at work – toughing is battery.  Since there were no administrative or criminal consequences, this suit should never have been heard let alone decided with these kinds of awards.

These things are always appealed and the awards always hatcheted but the legal costs alone may reach a $million and often much more.  Why do we think this is justice?  I don’t know any lawyers who don’t defend this system.  Who raised such people?  What are we teaching in law school?

This tough economy would be an excellent reason to get the ambulance chasers out of the way of growth.  Unfortunately, that would require legislation from people who are all lawyers.

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