I don't know on what basis punitive were allowed in State the McD case was in. Mid west somewhere as I recall. But, however they define it the jury must have found the facts as they saw it met the criteria.
I would not have stricken the punitive award especially where 700 people previously had previously been seriously burned by the superheated coffee and McD's knew about the incidents. Thats A LOT of people and a lot of hurt. The harm, clearly foreseeable harm, could have simply avoided by instructing stores to turn the heat dial a little to the left down to a cooler temperature.
As I understand, it was a home office decision, not a local franchise, but regardless if there selling 2.5 million worth cups of joe every couple days, two things, the punitive award was fair and second, I'm in the wrong business.
I think the days of "lottery awards/verdicts" are long,long gone. At least here in NJ my friend.
In my 25 years experience in handling and trying negligence cases of all kinds, many of them 7 figure cases, I have not, at least that I can remember, been involved in a case where punitives where awarded or seemed seriously in the wood. Punitives based on the standard, at least in NJ...intentional infliction of harm is tough to prove in many cases where the case is based on auto negligence, premises liability, product etc...
But...my view is once you are able to prove it, its not so much a "lottery mentality" now you have a pissed off jury, next comes the high punitive. Thats why in NJ and I would think in most States there is an entire separate hearing on the proofs vis a vis assets, finances etc..so the jury can award and "appropriate" award. The idea is to punish not cripple the defendant but it needs to sting to deter the same conduct again.
Sorry, if they're making $2.5 milliion every 2 days on Joe, a $2.5 million dollar verdict does not offend me unless the standard in that State was based on something less then "intentional" conduct i.e. if reckless sufficed, then I might knock it down some. All depends on the level of Mens Rea that got them the award.
The fact that the Judge has the ability by law and court rule in NJ and I believe in all States to knock a verdict down or pump a verdict up where it meets the appropriate standard is another example of the protections in place for both parties in litigation in addition to frivolous claims rules and statutes.
This is why I disagree with any pre-set legislative artificial limits on punitives ahead of time that are not based on the facts and circumstances of the particular case. It basically makes the threat of punitives meaningless, gives the green light to the unscrupulous to just factor in the pre-set potential punitive award to there business calculation and act in favor of profit instead of safety and the consumer. No, sorry, bad idea. Afterall, with punitives we are theoretically dealing with the really bad and unscrupulous i.e. those that have caused intentional harm in any given case, aren't we?...so why are we giving them such a break. Bad idea IMHO.
Where punitives are out of hand in any given case, the court, as in the McD's case can reduce the verdict appropriately.
Gtdrummer: I can't say whether NJ is a manufacturer friendly State but what I can say my friend you were not in a favorable County, Essex is considered more plaintiff friendly...but not to worry my friend, defendants always have Union County and Morris County where a plaintiff's verdict can be like trying to find a four leaf clover and when they are given they tend to be LOW . Very conservative Counties. Tried a case in Morris a few years back and the Judge threw the verdict out because it was too low. That rarely happens. It was too low, injuries were fairly serious and liability a given.
Pockets, you slay me dude. Yeah, we disagree and its clear I can't persuade you with reason and logic, your too set in your stubborn ways and not wanting to "move", God knows your FGT knew all about that. :lol One thing for sure, I'm using one of my peremptory challeges to boot your butt off my jury panel.:rofl But at least you know if there's ever a situation where you think you screwed up and you thinks its all your fault, fear not I'll take at look at your case and show you how it wasn't all your fault after all:lol:willy:rofl
Sometimes I'm so darned fantastic, even I can't stand it...:lol