Comments on: Mississippi Jury Verdict rumblings

By: RazorRedux

RazorRedux — Thu, 02 Jul 2009 03:30:36 +0000

Wilbur @ 740 you may have just provided the most likely scenario and thereby the most insightful response on this thread. IMO.

By: Outsider

Outsider — Wed, 01 Jul 2009 22:39:17 +0000

I’m sorry, but Dennis Sweet is nothing but a shameless thug. What all of this demonstrates is that an outsider cannot get justice in Fayette, Mississippi, and that “Boss Hogg’s” court is a sham. Strong evidence that it was impossible to buy S-W lead paint after 1972 defendant was ignored by the jury. Mississippi remains an embarrassment to the U.S.A. and its fundamental values.

By: wilbur

wilbur — Mon, 29 Jun 2009 00:40:53 +0000

i know nothing of this case or the parties involved. but be real.

causation is usually proved by exclusion. meaning you exclude all other exposures to lead, and exclude all other causes of aquired retardation -infections, injuries, etc.

and don’t you think someone could actually prove through purchase receipts, painter’s recollections, etc., more likely than not, the paint used, and who the manufactuer was.

you also blame the parents. believe it or not, not all in the world are as sophisticated as you. the child had no comparative fault. if the parents did have fault its the DEFENDANT’s (not the plaintiff’s) job to plead and prove.

and unlike most of you, not everyone has the means to have their house tested, or to strip old paint.

causation is more likely than not, not beyond a doubt.

you nay-sayers sound like the supreme court: willing to toss a verdict without even knowing the facts. i am sure, somewhere along the way, you have all heard juries, not judges, decide the disputed facts. it doesn’t matter if a judge disagrees. and it doesn’t matter that if you were on the jury you would vote differently – especially since you dont know what the actual evidence was (and neither do i).

i probably wouldn’t have taken the case given the hurdles, but if credit is due for a job well done at least admit its possible the proof actually supports this verdict.

By: Commentor

Commentor — Sat, 27 Jun 2009 12:15:07 +0000

We should all keep in mind that in Jefferson County, everyone in your jury is or was very likely a plaintiff of one type or another in mass tort cases.

By: a friend of the law

a friend of the law — Fri, 26 Jun 2009 21:43:43 +0000

OMTL, hey there’s no skin off my back here —- I have no knowledge or personal involvement in the case or anyone involved in the case. I won’t be losing any sleep over the verdict. I’m not even mildly upset, thrilled, etc. I don’t live in that hellhole of a county. I was just curious how this issue even got to the jury in the first place. I would presume that legal causation would have been a significant hurdle to overcome at the dispositive motion stage. And curious exactly how the plaintiff would be able to demonstrate that there was at least enough proof to allow a jury to consider the issue of whether, more likely than not, that lead paint, as opposed to many, many other things, caused the alleged lead poisioning that allegedly caused the mental problems.

By: Anderson

Anderson — Fri, 26 Jun 2009 21:34:05 +0000

No news articles on this yet? A $7M verdict isn't news? More here.

By: OleMissTrialLawyer

OleMissTrialLawyer — Fri, 26 Jun 2009 21:28:40 +0000

AFOTL:

“There are numerous potential sources for lead exposure —- eg baby/kid’s toys, drinking water, gasoline/fumes, fishing weights and lures, food containers, etc. — the list back in the 70s would have been almost endless. And the potential lead exposure from something other than lead paint would have been just as likely, if not more likely.”

This jury disagrees. Them’s the breaks.

By: Robert

Robert — Fri, 26 Jun 2009 17:26:05 +0000

If the case involved actions in another state since SW. is a huge corporation the judge could have dismissed here to allow punitive action elsewhere. How much is at the judges discretion is questionable. “Only after compensatory actions are had can punitive awards be sought” But why look the girt horse in the mouth? Till the next one comes around this should do. Ahhh but the greed!

Oh yea the entire class lived in this same spot for years. As requirement all were equally/equity injured. And of coarse the awards were shared evenly across the board for the victims of this act of tort. Did anyone get the attorney fee amount. Still this class thing, you know. I can help but express a portion of this county claims effects of retardation and I’m expecting to see bids to the higher courts or possibly political office from there. Should fit right in.

By: Jacksonlawyer

Jacksonlawyer — Fri, 26 Jun 2009 17:01:17 +0000

It was $7 million for compensatory/all damages. The judge did not let it go to punitives. In MS, the judge initially decides whether a case can go to the jury for punitive damages. This was a pre-cap case so there was no million dollar limit on non-economic damages.

I belive the expert testimony at trial showed somewhere in the neighborhood of $10 million in actual economic damages.

By: amicus

amicus — Fri, 26 Jun 2009 16:39:35 +0000

Is the jury going to get the case for consideration of compensatory and/or punitive damages as the above references that the 7 million verdict was actual damages. Just curious