[sachmo]

Originally posted by dmm:

2) Allow juries the power to penalize someone who brings a ridiculous lawsuit. They can decide if the suer or his attorney should pay.
4) Do not allow people to sue an entire corporation because of the actions of one person or one store or one franchise. For example, a woman tried to drive away from McDonald's with hot coffee between her legs. The cup came open, she got badly burned down there, and she sued McDonald's, Inc. What would she have been awarded if she had sued the McDonald's employee who was working at the drive-in that day (on the basis that he neglected to remind her that the coffee was hot)? Nothing, of course! How about the manager (on the basis that he didn't train the employee properly)? Little or nothing. How about the franchise owner (on the basis that he ordered the coffee temperature set too high)? Maybe her medical bills, but no pain and suffering. But because McDonald's is a big company, and the jury felt sorry for her, they awarded her something like a million dollars.

I disagree.

2. Who would decide what makes a lawsuit rediculous? If anyone were going to make that determination, the jury would be the Last choice on my list. Besides, I don't think you could ever get this method to be seen as constitutional.

4. In the McDonalds case, it was company policy. So the company was responsible. In this country, when you are at work, you represent your company, so they are liable for you actions. Hopefully, reason can still prevail in most cases, but wouldn't most companies start blaming a single employee in this case, allowing them to break laws and then hold the employee responsible? I don't think anyone wants that.

[ July 21, 2004, 18:37: Message edited by: sachmo ]