Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By The 7th Amendment Advocate
Contributor profile | More stories
Story Views
Now:
Last hour:
Last 24 hours:
Total:

Jury Should Determine Virginia Tech Shooting Damages, Not Judges

% of readers think this story is Fact. Add your two cents.


Two families of students killed in the 2007 mass shooting at Virginia Tech are in court today, asking a three-judge panel of the Virginia Supreme Court to allow them to appeal a judge’s decision on the negligence case they successfully pursued against the university. The families of Erin Peterson and Julia Pryde sued the university for negligence, and the jury agreed and awarded $4 million to each to the families. But a state appellate judge reduced the awards to $100,000 under a state law capping non-economic damages. The families want to reinstate the university president as a defendant, but I object to the reduction in the damages award.

That reduction begs the following questions: Why don’t we trust the same jurors who hear all of the facts, listen to all of the testimony, and determine legal liability to determine the amount of damages? What makes a judge, or any small group of judges, so special that they should have the power to override a jury’s decision? Why do we allow state legislators to arbitrarily set a rigid cap on non-economic damages? Can’t state law at least enable a jury to “bust the cap” as it sees fit in unique circumstances? Where in the Founding Documents of the United States is there any support by the Founding Fathers for the idea of overriding a jury’s decision on damages through an inflexible state statute or an arbitrary decision by a judge?

The jury in the Virginia Tech shootings case found that the university’s senior officials were negligent in not warning students that a homicidal maniac had already killed students and was on the loose. The jury consciously decided that the university officials were so grossly negligent that the they had to award millions of dollars in damages to the families. That decision by twelve honorable Virginians should have been honored in state law and by state judges.

I hope the Virginia Governor and General Assembly will consider that their fellow Virginians Thomas Jefferson, James Madison and George Mason honored and protected the jury’s right to determine civil liability and never, ever, proposed limiting a jury’s discretion to award damages. It was Madison who described trial by jury in civil cases “as essential to secure the liberty of the people as any one of the pre-existent rights of nature” and who protected it in the Seventh Amendment. Mason refused to sign the Constitution because of the absence of a Bill of Rights, and he specifically demanded trial by jury in civil cases. To arbitrarily cap a jury’s award, without even the ability of a single jury to override a statutory cap in special circumstances, ignores the unique place granted to civil jury trials by Founders such as Jefferson, Madison and Mason and dilutes the power of a jury to hold a defendant fully liable for gross negligence.

2013-02-17 00:50:05

Source: http://7thamendmentadvocate.org/blog/2013/02/jury-should-determine-virginia-tech-shooting-damages-not-judges/


Source:


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world. Anyone can join. Anyone can contribute. Anyone can become informed about their world. "United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.


LION'S MANE PRODUCT


Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules


Mushrooms are having a moment. One fabulous fungus in particular, lion’s mane, may help improve memory, depression and anxiety symptoms. They are also an excellent source of nutrients that show promise as a therapy for dementia, and other neurodegenerative diseases. If you’re living with anxiety or depression, you may be curious about all the therapy options out there — including the natural ones.Our Lion’s Mane WHOLE MIND Nootropic Blend has been formulated to utilize the potency of Lion’s mane but also include the benefits of four other Highly Beneficial Mushrooms. Synergistically, they work together to Build your health through improving cognitive function and immunity regardless of your age. Our Nootropic not only improves your Cognitive Function and Activates your Immune System, but it benefits growth of Essential Gut Flora, further enhancing your Vitality.



Our Formula includes: Lion’s Mane Mushrooms which Increase Brain Power through nerve growth, lessen anxiety, reduce depression, and improve concentration. Its an excellent adaptogen, promotes sleep and improves immunity. Shiitake Mushrooms which Fight cancer cells and infectious disease, boost the immune system, promotes brain function, and serves as a source of B vitamins. Maitake Mushrooms which regulate blood sugar levels of diabetics, reduce hypertension and boosts the immune system. Reishi Mushrooms which Fight inflammation, liver disease, fatigue, tumor growth and cancer. They Improve skin disorders and soothes digestive problems, stomach ulcers and leaky gut syndrome. Chaga Mushrooms which have anti-aging effects, boost immune function, improve stamina and athletic performance, even act as a natural aphrodisiac, fighting diabetes and improving liver function. Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules Today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.


Report abuse

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Load more ...

    SignUp

    Login

    Newsletter

    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.