Punitive damages, which are generally large and receive a great deal of attention, are limited by the courts and only available in egregious cases (intentional torts and gross negligence) where a jury determines that punishment is warranted and/or a strong message needs to be sent to the defendant and others. There are people who advocate for tort reform to fix the system, eliminate or put a cap on punitive damages, and further restrict access to the courts, but the system may not really be broken. A group annually announces the recipient of the Stella awards, named after the plaintiff of the infamous McDonalds hot coffee case, which the public perceives as the high water mark of a frivolous case. Please read the attached handout describing some of the facts of this case and dispelling some of the urban myths on cases.

QUESTIONS

1. Why do you think the McDonalds case was not dismissed by the judge?

2. Please share your views of the court system with respect to torts. What is the concept of providing a private civil cause of action to people for injuries caused by others to themselves and their property (including intellectual property)? Any suggestions for tort reform, particular improvements, or do you think the way the court system handles these cases is fine as is?