| The following question was posted at Answer | | | | Why is this? Well, large corporations don't like to get |
| provided by Rex Curtis Bush, a Salt Lake City area | | | | sued. They prefer immunity from suit, even for their |
| attorney. | | | | misdeeds. If they can convince people that suing is |
| Q. Hello - I ordered a meal from Costa Vida [a | | | | wrong, that belief will protect the corporation if the |
| Mexican restaurant near Salt Lake City] and on my | | | | corporation causes harm. |
| second bite I began to choke. My parents witnessed | | | | Do large corporations sue when they are harmed? I |
| the whole thing and were about to call 911 ... I had to | | | | think we both know the answer to that question. Of |
| dislodge the object which turned out to be a rather | | | | course they do. |
| large rubber band ... My throat was soar for several | | | | Are they required to believe their own propaganda? |
| days and it scared me to death. The restaurant has | | | | Of course not. |
| assumed liability and has instructed me to speak with | | | | Read the following quote and see if you can guess |
| their insurance company - what kind of case do you | | | | who said it. |
| think I have? THANKS | | | | "The lawyer as officer of the court is central to the |
| A. Imagine you were on a local jury panel. Someone | | | | American system of civil and criminal justice. An |
| you don't know is suing the restaurant. The jury panel | | | | anti-lawyer policy is, in the end, an anti-rule of law |
| is made up of a cross-section of local registered | | | | policy. And an anti-lawsuit policy is ultimately anti the |
| voters. Since you are in Salt Lake County, a majority | | | | weak and injured." |
| of the jury members will be Republicans. How much | | | | Who said it? Bill Clinton, Barack Obama, Lyndon |
| would you and your fellow jury members award this | | | | Johnson or Newt Gingrich? |
| person for the injury? The injuries are: sore throat for | | | | If you guessed Newt Gingrich, you're right. See page 81 |
| several days and being scared to death. | | | | of his book "Winning the Future" published in 2005 by |
| Truly, it is a distressing experience to find objects in | | | | Regnery Publishing. |
| your food. I, personally, have on several occasions | | | | In conclusion, the best way to value a foreign object |
| found hairs in my food. Just like anyone else I find it | | | | legal claim is the same best way to value any injury |
| disgusting. However, if you didn't eat the object, didn't | | | | case. Imagine yourself on a jury in the jurisdiction |
| get sick, didn't incur medical care, you can't really | | | | where you live. What would that jury award? It works. |
| expect a jury to award you much money. | | | | I've done it for years with my clients. They can |
| You will probably get something but the amount will be | | | | approximate the value of the case and come up with |
| determined in large part by where you live. In some | | | | a number that is very close to the actual value. |
| districts that vote predominantly Republican you are | | | | Try it. Let me know the results. |
| likely to get far less than in a Democratic voting district. | | | | |