Comments on: Jackpot justice in Mississippi

By: KipEsquire

KipEsquire — Mon, 20 Feb 2006 16:51:30 +0000

Whatever happened to directed verdicts and JNOV’s?

By: Deoxy

Deoxy — Mon, 20 Feb 2006 15:08:40 +0000

Here’s the part I don’t understand: why is Prudential on the hook for SOOOOOO much, and the actualy agent is on the hook for peanuts?

Here are the only scenarios I can think of, and neither of them work:

1) Agent is the guilty party, hid papers from Prudential. Why would Prudential pay?

2) Agent turned in papers, Prudential refused to pay. Why is the agent on the hook at all?

The only other scenario would be

3) The agent and Prudential both lied, and we know this because… um, the family says so.

As Patrick says, if it’s 3, time to go sue insurance companies (at least in that jurisdiction).

This case makes no sense:

1- if there’s a cancelled check, then there’s no reason to defend aginst the suit – pay up and be done with it.

2- if there’s no cancelled check, the family made it up or the agent is the only crooked person involved – either way, Prudential shouldn’t be getting whopped for $35 million.
A) the family made it up, so there should be criminal charges pending, or
B) the agent is crooked, in which there should be criminal charges pending.

The only way this verdict makes anything close to sense is if the Prudential legal team is suicidal or insane.

By: Ted

Ted — Mon, 20 Feb 2006 11:32:48 +0000

I agree with Patrick, up to a point that considers a scenario of family-agent collusion and backdating. Regardless, a 35:1 punitive damages ratio is excessive.

I can’t imagine that Prudential would have any incentive to bring this case to trial if the evidence was anywhere near as clearcut against them as in the worst-case scenario Patrick suggests.

By: Patrick Warren

Patrick Warren — Mon, 20 Feb 2006 11:22:16 +0000

I’d be interested to know what evidence the plaintiffs presented. In the article they claim that “he signed papers” and wrote a check. If they have copies of the documents and a cancelled check, it would be a slam dunk and punitive damages probably would be warranted. If all they have is the family’s testimony, excuse me while I go sue an insurance company.