Fiat Chrysler Calls Verdict “grossly excessive”


Fiat Chrysler Calls Verdict “grossly excessive”

May, 2015

Dear Care for Crash Victims Community Members:

“Fiat Chrysler has asked a Georgia judge for a new trial a month after a jury awarded $150 million to the family of a 4-year-old Georgia boy killed in a crash and fire involving a Jeep. The company, which makes Jeeps, says the jury’s award of $120 million for the life of Remington Walden and $30 million for his pain and suffering are “grossly excessive” and illegal under Georgia law….Federal documents show that at least 75 people have died in post-crash fires due to the tanks.”  Seehttp://www.usnews.com/news/business/articles/2015/05/08/fiat-chrysler-seeks-new-trial-in-georgia-jeep-fire-case
This action by Fiat Chrysler raises questions of what is “grossly excessive,” Justice, Safety, and who is responsible?  
Grossly Excessive
One measure of “excessive” is the fact that DOT Policy Guidance (copy attached) is that the value of a statistical life is $9.1 million.  Multiply that by the 75 post crash fire deaths yields a value of $682 million.  That does not include values for uncounted past and future tragedies.
Justice
To serve Justice, verdicts have multiple purposes. 
“Civil cases are settled primarily by means of monetary compensation for harm done (“damages“) and orders intended to prevent future harm (for example injunctions). Under some legal systems an award of damages involves some scope for retribution, denunciation and deterrence, by means of additional categories of damages beyond simple compensation, covering a punitive effect, social disapprobation, and potentially, deterrence, and occasionally disgorgement (forfeit of any gain, even if no loss was caused to the other party).”  Seehttp://en.wikipedia.org/wiki/Justice
Safety & Criminal Penalties
It may be that to advance safety for us all, we need criminal penalties at corporate and executive levels as called for recently by two law professors based on the GM tragedies.  “GM’s success in working the system must be offset by criminal culpability, on both the corporate and individual level, for leaving consumers to drive in ticking time bombs for so many years.”  Seehttp://www.huffingtonpost.com/rena-steinzor/gm-and-its-no-good-very-bad_b_7191124.html
Who is Responsible?
Who is in charge of Fiat Chrysler?  See bio of Sergio Marchionne, lawyer, dual citizen of Canada and Italy, board member of Phillip Morris and SGS S.A. Chair.http://en.wikipedia.org/wiki/Sergio_Marchionne
“Fiat Chrysler AutomobilesNV Chief Executive Sergio Marchionne is on track to get $72 million in total pay for 2014—mostly from bonuses and a stock award tied to Fiat’s takeover of Chrysler that led to a 61% jump in its share price.”  Seehttp://www.wsj.com/articles/fiat-chrysler-ceo-marchionne-earned-34-6-million-in-2014-1425661936
The Center for Auto Safety made a statement on this case and pointed out additional responsibilities and needs to achieve Safety and Justice.  See  https://www.careforcrashvictims.com/blog-casjeepjudgement.php
Lou

 

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