qestion about Jury choice.

[Marcus Telcontar]

I wish to ask a question about jury selection


http://forums.nasioc.com/forums/showthread.php?s=&postid=5634414#post5634414

where on earth did they find a jury of 12 people so completely and utterly stupid and lacking in any intelligence, to find for the plantiff?

[Ryan Pode]

America.

[Daiquiri Van-Derveld]

Though I basically agree with you, I think what the jury was instructed to go on, was the roof-thing, not whether the kids had been drinking. :\

[Pierce Tondry]

She's right. That they were drinking doesn't enter into how the roof holds up in a crash. While the base fault is whatshisname's, it's possible that he would have escaped more serious injury had everything not caved in and such.

Ergo the 56% thing.

[Marcus Telcontar]

And the lack of a seat belt? And drunk? And being an idiot?

No amount of good design is going to stop injury like that. Even the present Subaru's which in some classes are the safest tested cars on the market, will prevent an unrestrained passenger from injury. Especially in a rollover.

[Daiquiri Van-Derveld]

The kid's lawyer may have been able to sway the court into not letting the drinking even enter into the mix.

The lack of a seatbelt and the drinking were incredibly stupid no matter how anyone looks at it. I worry about this happening to one of my girls in particular :(

[Khendon Sevon]

This is a civil case; civil suits are based on preponderance of evidence, rather than in criminal cases, which are beyond a reasonable doubt.

Basically, this is an example of Subaru having a bad product liability lawyer. He clearly didn’t refute the “expertise” of Compton’s expert nor did he prove that damages were on fault of the plaintiff and as a direct result of the plaintiff's own illegal (is it illegal to not wear a seatbelt in that state? I wonder) actions.

The only way I can see for the liability lawyer to be in a jiffy and unable to completely win would be if it couldn’t be proven that the driver was drinking, as well.

Really a horrible case... hopefully it won't set a precedent.