Legal Opinion · Concurrence

Jeremy Flax v. Daimler-Chrysler Corporation

Tennessee Supreme Court

Decided July 24, 2008No. M2005-01768-SC-R11-CVPublished

1ConcurrenceGary R. Wade, J.

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 them 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…

2Cases cited17 opinions

  1. Owens-Illinois, Inc. v. ZenobiaCourt of Appeals of Maryland · 1992
  2. State v. GarrisonTennessee Supreme Court · 2000
  3. Mercer v. Vanderbilt University, Inc.Tennessee Supreme Court · 2004
  4. Cover v. CohenNew York Court of Appeals · 1984
  5. Comstock v. General Motors Corp.Michigan Supreme Court · 1959

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