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November 3, 2006

The Difficulty of Defining Damages

On November 1 the California Supreme Court denied review in Buell-Wilson v. Ford Motor Co., 46 Cal.Rptr.3d 147 (Cal. Ct. App. 2006), a Ford Explorer rollover case that resulted in a jury verdict for the plaintiff, who suffered paralysis in the accident, of more $368 million in damages.  Of that amount, $246 million was for punitive damages.  The trial judge reduced the award to $150 million.  The 4th District Court of Appeal cut it to $82.6 million.  In its petition for review to the California Supreme Court, Ford argueds that the trial court erred in computing punitive damages and that the judge also erred in excluding evidence of industry standards in the trial.  The denial of review lets the $82.6 million award stand.  Findlaw

MKS

November 3, 2006 | Permalink

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