Re: Clear Channel Suit

["Tony Abruzzese" <abruzzese@biochem.bumc.bu.edu>]

----- Original Message ----- 
From: <Dibmaine@aol.com>
To: <Sportswriter@dejazzd.com>; <bri@bostonradio.org>
Sent: Monday, April 01, 2002 11:38 PM
Subject: Re: Clear Channel Suit


> 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
>
If you have not seen this account of the story (Link posted by Chip Austin)

http://www.pressconnects.com/friday/news/stories/ne032902s93907.shtml

Apparently the $1.2 billion figure is the total amount of damages/remedies on 45 separate areas of liability, each with its own dollar figure. Again apparently, each of the 45 counts may be judged independently.  


*********************************************************************
Tony Abruzzese                  e-mail: abruzzese@biochem.bumc.bu.edu
Network Administrator                         Biochemistry Department
              Boston University School of Medicine
Telephone:617.638.5092                               Fax:617.638.5339
*********************************************************************