The U.S. Supreme Court overturned a ruling that had
Ford Motor Company paying someone $290 million in punitive damages
because of a California rollover accident with a Ford Bronco.
First let me just say that I'm not "Mr. Company man" by
any stretch of the imagination. Normally I could give a fuck about
what happens to "the company" and most of the time when
they get sued I think they deserve it, but give me a fucking break.
$290 million dollars in punitive damage? For a car accident? Who the
fuck did the Bronco roll over Jesus?
Don't laugh. I am serious. Who did that car roll over on "the
fifth element"?
I don't care who died in that accident or how fucked up you were when
they pulled you out of it with the "jaws of life". There
is nothing that could happen to you on accident
or even on fucking purpose that is
worth $290 million dollars.
That's right. I said on purpose.
Even if your lawyer presented as evidence in court a memo where some
Ford Motor Company executive had said specifically
to put faulty tires on the car you
were going to by because they knew
you were going to buy it I still say $290 million dollars is absurd.
Ford had called this the largest personal
injury award that had been affirmed on appeal in U.S. History
when the state of California listened to their appeal and upheld the
award.
The U.S. Supreme Court turned down the settlement and had to remind
the lower court "punitive damages must
be reasonable and proportion to the harm suffered".
Let me break this down to you.
I am sure that losing the loss of your legs, having massive brain
damage and having to be fed through a tube for the rest of your life
after a car accident would suck.
I don't doubt that for a second.
Would it $290 million dollars suck? Well that depends on who you ask.
If we asked you and if you were the vegetable it probably would.
Now the question I would like to ask is "would you have ever
come even close to earning $290 million dollars in your lifetime if
you had not been in that accident could walk under your own power,
eat without a bib or wipe your own ass?"
The answer is probably fucking not.
See I have a serious problem giving the second shift supervisor at
Wendy's 290 million dollars for rolling over in a Bronco.
Sure we can bump the punitive damages up a little to "teach the
big mean no federal tax paying conglomerate a lesson" but we
can't make you, your kids, their kids and their kid's kids rich beyond
their wildest imaginations simply because great grandpa got fucked
up.
Am I saying that there is a monetary value on human life? Yep. Sound
cold? I bet it does but deal with it. Show me the algorithm that you
used to justify paying someone 290 million dollars for a car accident?
We need to get out of this mentality that if you get fucked up in
an accident that somehow entitles you to live 290 times better than
you ever would've had you not been burned to the bone by that faulty
refurbished furnish you bought at that yard sale.
I feel for you and it does suck to crunch when you walk and to have
little flakes of your skin fall off when you move about, but $290
million - I wouldn't expect anyone to pay me 290 million if they accidental
bombarded me with gamma rays and turned me into the Incredible Hulk.
I am not saying that you shouldn't be compensated for your pain and
suffering but unless you can prove that you are the last Star fighter
you need to be awarded enough money to hire a nurse to take care of
you round the clock and buy all of the Popsicles you can eat for the
rest of your life, not enough money to buy Microsoft.
A
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