Thursday, March 03, 2022

SYMPATHY VERSUS SOUND JUDGMENT

by Bob Walsh

Back in 2015, a four-year old girl died in a traffic accident on the freeway in Phoenix, AZ.  Automatic braking systems were available at the time but were a fairly expensive ($10,000) option and not standard equipment.  They were not required by the feds.  The Arizona Supreme Court has just ruled the girl's family can sue Jeep for failing to install the equipment, even though they were under no obligation to do so, as the equipment, had it been present, might have prevented the accident and thereby saved the girl's life.  The lawsuit asserts that this safety system can prevent about 60% of rear-end collisions.  

I must admit I have a problem with this decision.  Dead children are a horrible thing.  It is terrible that this happened.  A sympathy verdict is completely possible.  I am not sure it is justified. It is of course possible that FIAT-JEEP will appeal to SCOTUS.  If not, the matter will proceed to trial.  

1 comment:

Dave Freeman said...

That's a real shame. But I cannot imagine a jury finding in favor of the plaintiff. I mean...if this was merely an available option then...the buyers had the opportunity to purchase it themselves.