Re: Clear Channel Suit

[Dibmaine@aol.com]

In a message dated 4/1/02 10:44:09 PM Eastern Standard Time, 
Sportswriter@dejazzd.com writes:

<< But wouldn't the state have some cap on liability claims from incidents 
such
 as this? For example, I believe Pennsylvania just passed a measure that
 capped medical malpractice claims, or is debating such a piece of
 legislation. Would a jury be able to find Clear Channel liable yet give her
 a lower reward? Would that be up to whatever the state law is or would it be
 up to the judge to instruct the jury that such is possible?>>

I wasn't addressing the size of a possible award.  I was addressing the 
remark that Clear Channel would get off scott free.  I think a theory of tort 
liability is fairly easy to come up with from the facts that were posted here.

As for the size of the award, that would be regulated by state law.  Some 
states have caps on non-economic damages, some do not.  In any state, Clear 
Channel could be found liable but a lower award given.  It is fair to say 
that a $1.2 billion award is very unlikely.

-- Dan Billings, Bowdoinham, Maine