Vested Interest - Tort Briefs - June 1998 Issue

Illinois Supreme Court Hears Oral Arguments in Henrich

The Illinois Supreme Court heard oral arguments for Joshua Henrich v. Libertyville High School (Docket No. 84094) on May 19. Henrich asks whether the School Teachers Acts or the Tort Immunity Act applies to actions arising from injuries to school children. The broader Tort Immunity Act limits actions, while the narrower School Teachers Act provides a cause of action for willful and wanton conduct. ITLA has filed an Amici Brief arguing in favor of the applicability of the School Teachers Act. (Copies of ITLA’s Amici Brief are available from the ITLA office)

Pepsi Sues Coke for Anti-Trust Violations

In another example of corporate lawsuits by opponents of the civil justice system, Pepsi-Cola has filed suit against Coca-Cola alleging anti-trust violations in the fountain soft-drink market. Pepsi-Cola General Bottlers has supported the Illinois Civil Justice League in its fight to eviscerate the constitutional rights of injured consumers. Pepsi’s lawsuit claims that Coke engaged in anti-competitive schemes in its dealings with restaurant and movie chains in order to monopolize the market in fountain drinks. Coke currently has 44% of the soft drink market, and 65% dominance in the fountain drink market. By contrast, Pepsi has 31% of the soft drink market, but less than 25% of the fountain drink market. (AP, May 8, 1998)

Florida Jury Issues $60 Million Verdict in General Motors Case

Constance and Robert McGee lost their 13-year-old son Shane in a 1991 auto accident. Their GM station wagon was idling at a toll booth when it was struck by a trailer which came loose from a pickup. The collision punctured the gas tank, causing a flash fire. The McGee’s sued GM, and the Hollywood, Florida, jury agreed that the company was negligent, holding GM 55% liable. The verdict, for $60 million in total, consists only of compensatory damages. (Reuters, May 18, 1998)

Chicago Sun-Times Opposes Plan to Revise Cook County Judicial Election System

The Chicago Sun-Times has editorialized against a legislative proposal to increase the number of Cook County judges elected from subcircuits. Under the plan, the number of judges elected at large would fall to 49, and the number elected in the smaller political boundaries would grow to 255. The Sun-Times describes the plan as "a political move designed to elect more minority and Republican judges" and labels it "a potential disaster". Also opposed to the change is the Chicago Bar Association, which fears that the shift would further politicize judicial elections by concentrating power in the hands of ward bosses and local interests. (Chicago Sun-Times, May 17, 1998)

NC Bar Association Endorses Merit Selection

Citing voter confusion, the North Carolina Bar Association has endorsed merit selection of appellate and trial court judges. The bar group, which has endorsed merit selection in the past, reiterated its position in support of the findings of the Commission for the Future of Justice and the Courts in North Carolina. In lieu of election, the bar group supports appointment by the governor from a list of candidates submitted by a panel of lawyers and non-lawyers. "The public cannot have confidence in the fairness of decisions when judges have to raise huge sums from lawyers and special interest groups," noted North Carolina Bar Association President Betty Quick. (PRNewswire, May 12, 1998)

New York Jury Issues $15 Million Verdict for Failure to Look for Missing Person

Ella Hickson Green reported her 34-year-old son missing on August 2, 1992, but police refused to conduct a search. Police said that their policy was to search for adults only if they suffer from a mental or physical impairment, and Green’s son, who experienced seizures after being attacked with a lead pipe in 1985, did not qualify. Green’s son had died, however, the day she reported him missing, and as a result of the police refusal to search for him, Green did not find her son’s body, which was being stored at the county morgue, for a month. The delay caused his body to decompose to a point where an open casket funeral was impossible. Defendant City of New York vowed to appeal. (AP, April 29, 1998)

Cook County Settles Class Action Suit Over Sheriff’s Computer

The Cook County Sheriff’s computer system is designed to keep track of who is supposed to be arrested when, but inaccuracies have resulted in hundreds of unjustified arrests. The system failed to note which warrants had been quashed, and which were still active. To settle 58 claims, Cook County has agreed to pay $150,000 to people who were wrongfully arrested as a result of the system’s problems. Payments will range from $1,000 to $15,000, depending on how long the victim was held in jail improperly. (Chicago Tribune, May 8, 1998)

Prisoners Secure $2 Million Settlement for Wrongful Imprisonment

Two Oregon men were convicted of murder and spent 8 years in prison despite their claims of innocence and police conspiracy. Then a new witness stepped forward to provide the murder weapon and name the real culprit, who confessed before committing suicide. The two filed suit in 1995, claiming that police intimidated witnesses and inaccurately reported on lab tests. A week prior to trial, defendant City of Portland offered a $2 million settlement, but admitted no wrongdoing. (AP, May 8, 1998)

Latex Intolerance Generates $1 Million Verdict

A Milwaukee jury has issued a $1 million verdict to a health care worker who suffered an allergic reaction to latex gloves. Linda Green developed latex intolerance while working in a hospital radiology department. Her suit against the glove maker claimed that the reaction cost her her job, as well as causing significant physical pain. Her original suit claimed $2.4 million in damages. Defendant Smith & Nephew, a British corporation, is appealing. (Best’s Review P/C, May, 1998)

U.S. Supreme Court to Consider Airline Search Case

Tsui Yuan Tseng was awaiting the departure of her El Al flight to Israel when airline personnel led her to a security area and forcibly searched her. While the search found nothing, she claims that the delay amounts to assault and false imprisonment, and she claims emotional injuries. She sued in New York state court, and the airline moved the claim to federal court, where the district judge ruled that, because the Warsaw convention does not allow for emotional injuries, she has no claim. The Federal Second Circuit overturned, holding that the absence of a route of recovery under the Warsaw convention lets her proceed under New York state law. The U.S. Supreme Court has agreed to hear El Al v Tseng (97-475) to rule on this question. The Clinton administration has sided with El Al, urging that the claim be barred. (AP, May 18, 1998)

U.S. Supreme Court Denies Appeal in Tobacco Punitives Case

The U.S. Supreme Court refused to hear the appeal filed by Lorillard Tobacco Co.; meaning that the company will have to pay $560,000 in punitive damages. The case dealt with asbestos filters used in Kent cigarettes between March, 1952, and May, 1956. Earlier, the Court refused to hear an appeal by Hollingsworth and Vose Co, makers of the filters, which sought to overturn their share of the punitive verdict. With interest, the two punitive verdicts are now worth roughly $1 million. (Business Wire, May 18, 1998)

Australian for Trademark Infringement

For nearly a decade, the TV character Homer Simpson has enjoyed drinking Duff Beer. Ordinary mortals, however, were unable to obtain Duff until the South Australian Brewing Co, based in Sydney, Australia, began to market a product under the Duff name. In 1995, 20th Century Fox, producers of The Simpsons, sued in the Australian Federal District court. The Court found an illegal effort to "exploit a strong association" with the cartoon and issued an injunction barring further sale of the beer. Three years later, however, newspaper ads are offering Duff for sale again. Buyers who still own three-year-old cases are offering them for sale; not at the $15 they paid originally, but at $2,800 for 24 bottles. (AP, May 17, 1998)

Chief Justice Rehnquist Again Chides Congress Over Judicial Appointments

As Congress considers expanding the range of juvenile defendants who can be tried in federal court, Chief Justice William H. Rehnquist asked lawmakers to consider what effect the change will have on federal court caseloads. He began noting that the proposals would "eliminate the preference for state prosecutions of juvenile defendants" and then suggested that the change could overburden already crowded federal dockets. "Whether these policies are wise is debatable, but what is not debatable is that, if implemented, they will significantly add to the caseload burdens of the federal judiciary," argued the Chief Justice. (AP, May 12, 1998)