Four Trials, by John Edwards: on Corporations


Howard verdict forced trucking companies' safety training

[Edwards won the Howard case, which awarded punitive damages against a trucking company for an accident by one of its drivers, who was induced to drive unsafely because of incentive pay.] There are 2 endings to the Howard saga-one quite happy, the other less so.

The trucking industry did indeed take notice of the verdict. Trucking firms in the state of North Carolina were soon placing greater emphasis no driver safety training. Some companies even abandoned the practice of paying drivers by the mile.

Unfortunately, the insurance companies lobbied the Republican state legislature and soon a bill was passed disallowing punitive damage awards against a company as a result of an employee's actions, unless the particular action was specifically ratified by corporate officers.

Yes, our lawsuit had sent a message, and that message ultimately was: if you don't like the law, change it. The message to me was: if you can't help enough people being a lawyer, consider being a lawmaker.

Source: Four Trials, by John Edwards, p.157-8 Dec 1, 2003

Product liability suits attack corporate indifference

[In a case where a 5-year-old girl was eviscerated by a pool suction drain, we considered 4 parties responsible; 3 settled. We sued the manufacturer of the pool drain cover, Sta-Rite.]

North Carolina's product liability statute was not crafted with the best interests of [negligence victims] in mind. For example, it protected a manufacturer from liability if its product had been altered or modified from its intended use. Sta-Rite contended, "If the screws are in place [on the drain cover], it's not a hazard," but they didn't indicate in their instructions that screws were required,] Sta-Rite had dumped a product on the market without considering its hazards. Underlying this case was Sta-Rite's corporate indifference. It's hard to sit there and listen to strangers say, "Lawsuits like these are what's wrong with America!" and then go home to your innocent daughter and her feeding tubes. [The jury awarded $25 million against Sta-Rite].

Source: Four Trials, by John Edwards, p.187-198 Jan 1, 2004

  • The above quotations are from Four Trials, by John Edwards.
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