Wow, it’s not often I can argue against just about everyone in a thread.
Guinastasia and ** minty green** would you take a look outside and tell me what you see? We’re neck deep in religious debates and they’re all discussing the same thing: could God create a burritto so hot even an athiest’s prayer couldn’t move it? Or something like that. They all blur together.
happyheathen, yes, there’s assumption of risk. There’s also the negligence of a corporation. If you’re driving on the freeway, there’s a chance you’ll crash and die. You assume that possibility when you turn on the engine. What you don’t assume is that the air bag which would have saved your life was defective and the seatbelt which would have kept you in your seat was misinstalled.
Rhum Runner I’ve heard that only about 10% of the cases that are filed actually make it to trial. In regards to the McDonald’s coffee, I happen to believe the result there was a bit extreme. Yes, I’ve read the facts of the case. Yes, I’ve read previous threads. Nevertheless, my opinion is that the original jury verdict was well above what was called for, even in punative damages.
But this isn’t about the McDonald’s case. Merely about tort reform.
hansel, when Scalia was talking to our school last year, he explained why they don’t allow tv cameras in the Supreme Court’s courtroom. When you look at the soundbites stations play for politicians, cutting a 15 minute speech down to 15 seconds, the justices didn’t want to see that happening to court opinions. People need to understand the entire case in context, not merely a soundbite’s worth of a decision.
Shalmanese, cases are being ruled in favor of the plaintiffs because that’s how the jury decided the case. If you blame the juries, then fine. But the solution then isn’t to change what comes into the courtroom, it’s to educate the juries.
Many people in this country don’t know basic legal principles. They’re exposed to them for the first time at trial and are expected to use those rules to render a verdict. We need more legal education in this country. Basic legal education like “no, this message board is NOT infringing on your freedom of speech.”
I’m straying. I apologize. Look, if the jury renders a verdict in favor of a plaintiff, even if you don’t agree with that verdict, you cannot go back and say “this case never should have come to trial in the first place.” Obviously it should have. It had enough merit to make it that far, didn’t it?
There are ways to safeguard against truly assinine cases. A motion of Summary Judgment is but one of those ways. I don’t think we can establish comprehensive tort reform without “chilling” ,as Rhum Runner said, legitimate cases. The solution needs to come from the other end, jury education.
And finally, juries aren’t as bad as we all make them out to be. You see headlines but that’s all you see. Why? $20,000 verdicts are boring! Verdicts for the “evil” defendants aren’t as happy as one man taking on the corporation and winning. In fact, there are many jurisdictions where lawyers will try to avoid jury trials because many of the judges will give a more favorable decision than 12 random men and women of the county.