Quote:
Originally Posted by devildog2067
I am not "arguing" for "this company" to be cut any slack.
I am pointing out that the actions of a single individual at this company may or may not reflect the culture of the company as a whole, and it may or may not be appropriate to hold the company responsible for the illegal actions of a single individual.
If a nurse at a hospital murders a patient, and the family sues the hospital, what do the GT hordes say? They say "lawyers and lawsuits are ruining this country." But when it's an employee at a car dealership, all of a sudden there are people saying the dealership should be on the hook for every penny of some arbitrary amount. It makes no sense.
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On the lying thin, if all you did is only what you said you did, then you
didn't lie. Not disabusing someone of an erroneous assumption isn't lying. Only a statement or act with the intent of planting incorrect information is a lie.
I can see where the conflict of making a living by ignoring your moral urge to stop someone from making a mistake would feel like a lie, but it isn't.
For your first paragraph, it may not seem fair, but I don't know of a better way to push companies to keep their employees in line. Then there's the fact that a business usually reaps profits when an employee cheats someone. In the case of a car accident, well, the business was making money at this.
For your second paragraph, sure, there is an inconsistency based on who is on the hook, but holding the company (hospital) responsible has the aim of making them be more careful in who they hire.
As an aside, I have noticed that in quite a few "angel of death" cases, a half-assed review of the kill nurse's history should have waived red flags.
On the amount of liability for the dealership, I have to argue that almost
any damage amount has
some arbitrariness in it since 100% precision is seldom possible.
Take pain and suffering from a wreck: it gets impossible to figure an exact dollar amount. But the person who has been hurt deserves something, doesn't he? The person who hurt him shouldn't be able to walk away because it is hard to figure an amount.
I do not disagree that damage awards can be so far off that they are in violation of due process, just as mega-punitive damages awards can. But it's gotta be something. Where that something is... reasonable minds can disagree.