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nberry said:
Dr. Phil never loss sight of one fact. Juries award damages not the courts. The are comprised of ordinary people like you and me. They make the decision as to what is reasonable given the circumstances. Attorney's only provide the information. They are not bound to accept anything we present or say.
Hey, have you all noticed I have not beat up on Porsche in a long time. I am being good.
Nick, it's not the fault of attorneys, They are also merely pawns in a game that awards greed, not fairness or reason.
That's my objection. Hell no, if you didnt explore/exploit (call it what u want) the system as it is, you wouldnt be doing your job! And I am not blue-eyed enough to believe "in the basic good of my fellow man" when it comes to raking in when possible. Of course ppl will do what they can to exploit eachother and the system IF the system awards such behaviour.
In Denmark we have the opposite problem: A doctor recently killed a patient by mistake (apparently inserted a syringe the wrong place at the wrong time) and he was found guilty of negligence/malpraactice, whatever the technical term is. In other words it was his fault!
No disciplinary actions against him and the family were compensated with app.r 3000 $. Yup, thats three thousand dollars for one life.
This is just as stupid as going to the other extreme.
Whether the doc should have been punished or not is a totally different debate.
IMO law is not about truth or justice, but about finding a reasonable and fair compromize.
There will always be 100 different views on any given lawsuit - and picking the best view as a jury is sometimes close to impossible.
But picking a punishment or compensation that is within a sane, reasonable and fair distance of common sense should be possible at all times.
I dont think that part is so difficult.
Like judge Leonard White played by Morgan Freeman said in "Bonfire of the vanities": Let me tell you what justice is. Justice is the law. And the law is man's feeble attempt to lay down the principles of decency. Decency! And decency isn't a deal, it's not a contract or a hustle or an angle! Decency... decency is what your grandmother taught you. It's in your bones!"
Halleluja!
And on a different note:
Yes, Nick. I for one have noticed your lack of Porsche-bashing recently.
Have you accepted Jesus Christ as your lord and saviour...or did you by any chance succeed in having Porsche GmbH pay for the settlement?