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Case Notes

By ALM Staff | Law Journal Newsletters |

Punitive, Non-Economic Damages Reduced for Paraplegic Injuries

In Buell-Wilson v. Ford Motor Co., a driver was left paraplegic from a rollover and roof crush accident. In his lawsuit against the car's manufacturer, he claimed there was evidence that the manufacturer knew the vehicle was unstable on flat dry pavement at less than highway speeds and had the technology to make the vehicle stable at a cost of $20 per vehicle, but did not use it. Even given the severity of the injuries, the reviewing court found that the approximately $65 million awarded by the trial court was disproportionate and excessive under California law. It reduced the driver's non-economic damages to $18 million. Under the Due Process Clause, the court also reduced the punitive damages to $55 million, finding that the resulting ratio of two-to-one of the compensatory damages, as reduced, was sufficient.

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