There is no other way to put it: America has gone insane.
Insanity — Part One (The Little Money)
A Maryland jury has ordered retailer Eddie Bauer to pay $850,000 to an 18-year-old. Why? A security guard forced Alonzo Jackson to remove his shirt. That’s it. No physical contact or injury.
The white security guard suspected Jackson, who is black, of shoplifting and demanded that he remove and return the shirt. Jackson did not have a receipt.
Jackson called the episode “humiliating” and charged discrimination. Even though the episode occurred two years ago, Jackson managed to produce tears when, at the instigation of his attorney, he reenacted removing the shirt in court.
But that’s not all. Jackson was at the store with two friends who were forced to wait in a corner while Jackson removed his shirt. Their reward — $75,000 each, for a grand total of $1 million to the three youths.
A million dollars, although the jury found “no racist intent” by the security guard. Thus, Alonzo Jackson will have an income of approximately $50,000 a year forever, without ever touching the principal of his windfall. For the “humiliation” of having to remove a shirt in public.
Jackson wasn’t beaten, or even touched by the security guard. There was very reasonable cause to think that he had, in fact, stolen the shirt. But the jury found Eddie Bauer guilty of “harassment.”
We’re not sure what a security guard is supposed to do if not “harass” those they think have stolen their employer’s goods. But the guard was wrong — Jackson had not stolen the shirt. A simple honest mistake. A one million dollar fine.
How hard do you have to work to make a million dollars?
(Source: Washington Post.)
Insanity — Part Two (The Big Money. Really, Really Big Money)
Want to get rich? Really, really rich? So rich that young, nubile people of the opposite sex pretend to find you attractive, even if you’re grossly obese and have halitosis? So rich that you don’t shop at Neiman Marcus — you just buy the company? Want to stock your living room with Picassos?
Forget about work — that’s for naive old-fashioned fools.
A South Carolina brick mason has found the solution. Just strap your child in the back seat of a minivan, but make sure you DON’T FASTEN THE SEAT BELT. THEN RUN A RED LIGHT to make sure that you have an accident.
In the continuing and escalating madness called the American court system that strategy worked beautifully for the parents of Sergio Jimenez. A South Carolina jury has awarded the parents $12.5M in compensatory damages and $250M in punitive damages, for a grand total of $262,500,000.00. (No typos — that’s 262 million, five hundred thousand dollars.) TWO HUNDRED SIXTY TWO MILLION DOLLARS — Got it?
Another way of looking at it this. The value of the minivan at the time of the accident was probably less than $2,000. So for a product liability case the plaintiffs were awarded 131,250 times the value of the allegedly defective product. Warren Buffet and Bill Gates couldn’t possibly do better.
How much money is that? It’s the amount that 11,316 average Americans make in a year, or the average per-capita annual income for 110,619 Mexicans. It’s the amount of the total general fund budget of the City of Alexandria, Virginia, with a population of 117,600, for all of 1998. It’s a whole lotta money.
Six-year-old Sergio was in the back seat of the Chrysler minivan when it was hit in the rear. His parents didn’t bother to take the fifteen seconds necessary to secure the child by making sure he fastened his seat belt.
We’re going to go over this one slowly now. The Jimenez family gets into a nine-year-old 1985 Dodge Minivan one day in April 1994. They don’t use the provided seat belt. They run a red light and their minivan is hit by another car on the rear driver’s side, spins and rolls over. Sergio Jimenez was thrown from the vehicle because he wasn’t wearing a seat belt. He died as a result.
American judges have become lapdogs of trial lawyers. The judge in this case would not allow the fact that Sergio was not wearing a seat belt to be introduced as evidence. Nor would he allow evidence that Jimenez ran a red light and caused the accident.
This judgment is not against the driver that hit the Jimenez’s and caused the accident. The judgment is not against the Jimenez’s for failing to take the most basic, simple measure of protecting their own child by making sure he wore a seat belt. Nor is the judgment against Sergio Jimenez, for whom the child is named, causing the accident by running a red light.
The judgment is against a car company that failed to make a latch that could withstand the exceptional stress of having a rear door latch not come open when the nine-year-old minivan rolled over.
Let’s not hear any squealing from those who say that it’s impossible to replace a child’s life. Of course it’s a tragedy when a child dies — but that doesn’t mean that someone has to get rich from the tragedy, especially if the family caused it. And it doesn’t mean that every hard-working American should have to pay more for their car so that lawyers and plaintiffs can live like kings.
In our brave new world consumers can get away with anything. Misuse a product, don’t read the instructions, don’t bother to take basic safety measures like fastening a seat belt. Run a red light — whatever you want. But producers are held to a standard of perfection that even God couldn’t meet — and woe to the producer or business who fails.
Here at The Outrage we’re also kind of tired of hearing that the evil big corporations need large punitive damages to be deterred from their evil practices. The people that work at big companies like Chrysler and Eddie Bauer are no different from you or me, except they may work for a larger company. You don’t execute people for jaywalking, and you shouldn’t impose massive fines for not reaching perfection, technological or otherwise.
Rather than being aggressive predators, big companies today are much more likely to act like pathetic cowards. Eddie Bauer has a policy of not even confronting suspected shoplifters, which the security guard in Part One supposedly violated.
Who really profits from insane jury verdicts? Of course the Jimenez family will be rich beyond their wildest dreams. We wonder how the Beluga Caviar will taste in their mouths, or whether they’ll enjoy their mansions. Once they’ve settled in to their new lifestyle they may get chills from time to time to think that they had to be negligent in the care of their child to make it all possible.
But one group always prospers without any pain. The lawyers. While telling his emotionally-charged story to the gullible jury the Jimenez family lawyer must have been thinking about the island he was going to buy with his share of the profits of tragedy.
Lawyers on personal injury cases almost always work on contingency, usually for 25-40 percent of the award. In this case the DO estimate of the lawyer’s fee is over $90 million. Lawyers in cases like this typically ask the jury to send (evil big corporation being sued) a message! But the only message being sent in this case is that average Americans will pay more for cars and trial lawyers will continue to be the richest parasites on earth.
The Jimenez accident occurred in April of 1994, and the verdict was just announced. We estimate the lawyer in this case had several hundred hours of work on the case. That would mean that his fee will equate to approximately $200,000 — PER HOUR.
If you think a case like this is just a freak incident, think again. In June an Alabama jury ordered General Motors to pay $150 million in a similar door latch failure case. In 1981 Ford was ordered to pay over $128 million as the result of a gas tank explosion in a Ford Pinto. In 1984 the award for a Ford Mustang explosion was over $106 million.
It’s sickening enough that “victims” and lawyers are getting wildly rich from cases like these. But the problem goes further. Cases like these are so outrageous that they constitute an attack on reason itself.
These cases also constitute an attack on the basic ideas of the work ethic and productivity. Why should people continue to work hard and honestly for modest wages while others get rich through victimization?
In light of the routine appearance of criminal cases like the O.J. case and civil cases like these, one has to wonder if the entire American court system needs radical change. (See our Quote of the Day at the end of this editorial for the first step.)
At the time of industrialization men like Gould, Rockefeller, and Carnegie became rich by financing and building banks, railroads and the basic infrastructure of the modern economy. More recently software developers and other entrepreneurs of the information age have made huge fortunes. Entertainers and athletes have also become rich during this phase.
Welcome to the next wave — the ascension of the victim. At one time Karl Marx predicted that society would evolve into two competing classes, the impoverished proletariat and the hugely wealthy capitalists. Like most everything else, Marx got this wrong. But he was right that two classes are evolving. One class is composed of those who do honest, productive work, either on a grand or modest scale. This class is losing power and influence.
The rising class is the victims and their legal advocates, who rape the system for personal gain.
The legal profession no longer “influences” American society — it controls society. Lawyers dominate the legislative branch. Of course they constitute the entirety of the judicial branch, although they have not the vaguest conception of “justice.” In the executive branch both Vice-President Gore and President Clinton, as well as the President’s wife, are lawyers. Political power is almost completely held by the lawyers. They have manipulated the legal system so that increasing amounts of economic power are now flowing into their coffers.
If you’re a software engineer, or a pastry cook, or a doctor, or a architect, or a teacher, or any other honest occupation, you’re just fodder for the brave new world.
Loved ones these days are worth far more dead than alive, so pass the champagne if Johnny just died. And welcome to the nightmare.
I agree with one of the other reader’s comments – publish all the names of the judges that award these types of ludicrous settlements so we can VOTE THEM OUT. I WANT NAMES!!! I WANT ACCOUNTABILTY from these idiots.
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the “editor” has apparently demonstrated his ignorance about the above litigation cases, as well as Shakespeare…the reason they wanted to kill the lawyers was to create ANARCHY…..
If these negligent morons were so concerned with their childs life. Maybe they would take 200 Mil of the judgment and give it to a non-profit that studies ways of making children safer in automobiles, or god forbid, they put the money in a trust to give poor people who cannot afford them, child seats. No these horses asses are probably living large in some (of many) mansion in an exclusive neighborhood. Just know that when they die, they will get their REAL compensation for endangering a childs life.