Re: Clear Channel Suit

["A. Joseph Ross" <lawyer@attorneyross.com>]

On 1 Apr 2002 at 23:23, Sean Smyth wrote:

> 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?

Yes, it would depend on state law, and it would be up to the judge to instruct the jury 
properly.  I don't know of any laws capping damages in cases like this.  When there is a 
damage cap, the usual procedure is for the jury to find whatever amount of damages they 
thing are proper and then the judge applies the cap, if necessary.  There are, however,  some 
exceptions.



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A. Joseph Ross, J.D.                           617.367.0468
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