Punitive Damages Reaffirmed By Tennessee Supreme Court Against DaimlerChrysler

Greg Webb
Attorney
(866) 735-1102 Ext 530
Posted by Greg WebbAugust 13, 2008 9:00 AM
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The Tennessee Supreme Court has reaffirmed a lower trial court’s decision awarding a couple $13 million in punitive damages in a wrongful-death lawsuit filed against the former DaimlerChrysler AG. The initial trial ruling awarded the couple $98 million in punitive damages. The lawsuit states that in 2001, eight-month-old Joshua Flax was riding in the backseat of a 1998 Dodge Caravan when the automobile was rear-ended. This caused the passenger seat to collapse, and the passenger in the seat to strike Joshua, fracturing his skull.

The Tennessee Supreme Court ruled 3-2 that the automaker acted recklessly and the award for punitive damages was not excessive. The Court did, however, reverse the lower court’s decision to also award the victim’s mother $6 million in punitive damages for emotional distress.

In this case, at least the Tennessee Supreme Court affirmed the punitive aspect of the verdict, finding that Chrysler’s conduct was egregious enough to warrant punitive damages. This part of the ruling is a victory for the citizens of Tennessee, despite the recent punitive damages decision by the United States Supreme Court in the Exxon Valdez case. The U.S. Supreme Court in the Valdez case effectively let Exxon off the hook for its egregious conduct in the Alaska oil spill at issue.


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Kellie Kvasnikoff
Posted by Kellie Kvasnikoff
August 13, 2008 10:56 AM

Exxon decision not justice for fishermen

My name is Kellie Kvasnikoff. I was a commercial fisherman forced into a career change by the 1989 Exxon Valdez oil spill. In 2006 I published a book on the oil spill entitled "Exxon Valdez 18 Years and Counting." In that book I said that justice for the Exxon Valdez-impacted fishermen should be spelled "Just Us." The law did not help us in our time of need. It hindered us. The law went any way Exxon wished to pull it.
This latest Supreme Court decision on punitive damages (Exxon Shipping Co. v. Baker) is more of the same. It is a travesty. It is filled with errors. Bad facts, bad law.
Please help to correct this gross error of the Supreme Court by signing this petition to open an investigation immediately and without delay into the wrongdoings of the Exxon Shipping Co. and specifically the erroneous act of the Supreme Court in Exxon Shipping Co. v. Baker. You may sign this petition at More ...

Law made from the bench should be a warning to every American.

Thank you for your time and consideration in this matter.

Greg Webb
Posted by Greg Webb
August 21, 2008 1:31 PM

I agree with you. I was dumbfounded by the Court's decision (the majority opinion). One might think that the Supreme Court majority is more of a "corporation court", than a court interpreting the Constitution as written, not skewed for corporate interests. I do not think any member of the majority has ever tried a jury trial, so maybe that is why the do not trust juries of our good citizens. Further, it has always boggled my mind how juries can be trusted to sentence a man or woman to death, but not to effect punitive damages on a person or corporation. I do not understand the rationale.

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