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Metrolink Lawsuit Settlement
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Gabe, you made some excellent points. I'm glad I'm just enforcing the law... not trying to interpret it. <br />What's key to the "punitive damages" aspect is government (as in court) regulated sanctions against persons or corporations as mentioned above. The difference between "maliciousness" and "negligence" is something that has to be done by a jury, on a case by case basis. <br /> <br />For example, a medical doctor performing surgery hopefully goes into the surgery without intent of losing the patient. That's lack of malicious intent. If he botches the surgery because of error in procedure, it's negligence. If he walks into the OR high on drugs or drunk, or otherwise impaired, I'd almost be sure to say that his actions are malicious- because they are premeditated. As a jury member, I'd be willing to take the doctor's farm, his golf priveleges at the club, and his license under those circumstances, as well as take out a lien on his first and second born. I wouldn't want the doc to have the privelege of operating on anyone again- thus punitive damages (in addition to a monetary award to try and get a patient back to some semblance of a previous lifestyle.) <br /> <br />I may be just someone with childlike innocence, but I would like to think that a punitive award of this size and nature would cause BNSF to review, investigate, and make changes to procedures- mechanical and in personnel- to prevent it from happening again. Simply allowing indemnity costs reduces a problem to an argument between insurance companies without attacking the root cause of the accident. Anyone- including Aeroflot, the world's "most dangerous airline"- can pay large insurance premiums and keep flying. Sometimes you have to make the company pay attention to shoddy practice... and punitive damages do just that. <br /> <br />Erik <br /> <br />
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