I concur with Justice Holder and Chief Justice Barker as to the propriety of the award of $5 million for the wrongful death of Jeremy Flax, apportioned one-half to the fault of the DaimlerChrysler Corporation [the “Defendant”] and the other one-half to Lewis Stockell. I further concur in their affirmance of the trial court’s reduction of punitive damages against the Defendant regarding the wrongful death action from $65,500,000 to $13,367,345. Finally, I agree that the $2.5 million in compensatory damages awarded Rachel Sparkman for the negligent infliction of emotional distress, one-half of which was adjudged against the Defendant, and the punitive damages of $6,632,655, all of which was assessed against the Defendant, should be set aside.
Case Number
M2005-01768-SC-R11-CV
Originating Judge
Judge Hamilton V. Gayden, Jr.
Case Name
Jeremy Flax, et al. v. Daimler-Chrysler Corporation, et al. - Concurring
Date Filed
Dissent or Concur
No
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