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Essay / Research Paper Abstract
This 3-page paper discusses the court case of Clark v Chrysler. Bibliography lists 2 sources.
Page Count:
3 pages (~225 words per page)
File: AS43_MTclarchry.doc
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Unformatted sample text from the term paper:
the impacted plaintiff), these corporations attempt to appeal the verdicts, hoping to get the extent of the damages lessened. When Charles Clark was fatally injured while driving a 1992 Dodge
Ram and his widow, Dorothy Clark sued Chrysler Corp. for negligence, the jury rendered a unanimous verdict in favor of the plaintiff (Clark), with the award approaching $3.5 million in
compensatory and punitive damages. Chryslers attempt to obtain a new trial by arguing that there was no "gross negligence" inherent in Mr. Clarks death was dismissed by the lower court,
and on appeal to the U.S. Court of Appeals, 6th Circuit, the lower courts ruling was supported. Then came the U.S. Supreme Court
and its decision regarding State Farm Mutual Automobile Insurance Co. vs. Campbell (2003), in which the Court pointed out the "procedural and substantive constraints that the due process clause imposes
on punitive damage awards" (Dorothy Clark v. Chrysler Corporation, 2006). Chryslers lawyers, smelling a second chance, petitioned the Supreme Court, insisting the jurys punitive award topping $3 million was
"constitutionally excessive" (Dorothy Clark v. Chrysler Corporation, 2006). Now, in examining the concept of due process (and the due process clause), we see that this refers to fair procedures (Legal
Information Institute, 2011). But when it comes to due process, each case is dealt with on an individual basis (Legal Information Institute, 2011). Still, Chrysler invoked this Due Process law
to prove that the award to the plaintiff was grossly punitive. But was it? One issue the judges brought up was that Chrysler
didnt challenge either the compensatory or punitive awards as excessive in post-trial motions before the district court, leading the judges to believe that matter had been waived. Still, because the
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