$41.7 Million Tick Bite
Cara Munn was 15 years old when she was paralyzed by a tick bite in China and contracted tick-borne encephalitis on a trip set up through her private boarding school in Lakeville, Connecticut. The state's highest court has decided to uphold the $41.7 million damages awarded to her.
Munn claimed that the director of international programs failed to inform the students that the U.S. Center for Disease Control had issued a warning to protect against the disease in forested area of northeastern China, where the students were going to travel.
She and other students got lost in the woods going down Mount Panjan and were bitten by insects. Their teachers and chaperones were not with them because they took the cable car down the mountain. Ten days later, Munn was partially paralyzed and semi-comatose. Her symptoms improved, but she is unable to speak, type, or control her facial muscles. Her brain function is also compromised. She did manage to finish high school and enroll in college at the time of the trial.
Munn sued the school for negligence and won $41.75 million in damages, $31.5 million are constituted as noneconomic damages. The school appealed, but the Second Circuit agreed that the injury was foreseeable.
The New York appeals court asked the Connecticut Supreme Court in 2015 whether the school has a duty under state law to warn students of serious insect-borne diseases on field trips. They answered yes in a recent ruling written by Chief Justice Chase Rogers that states that schools in Connecticut are obligated to warn students and parents about risk exposures for field trips.
Rogers wrote that a school's duty is to protect its students, which includes the responsibility to take measures to learn about and protect against serious insect-borne diseases.
The size of Munn's award was upheld due to the fact that the physical effects of her injuries will worsen as she gets older, and her psychological condition will deteriorate.
Comments from Allen:
Why would a court in New York be asking the Supreme Court of Connecticut about a court case? Because this case was brought in a United States District Court in Connecticut. The jury verdict was massive, and when the case was appealed, the appellate court for the Second Circuit was located in New York.
On occasion, a case brought in federal court will consider matters of state law. In this case, the verdict was so high that the federal appellate court decided it would be appropriate to ask Connecticut's Supreme Court if Connecticut law allowed for such a large verdict. The Connecticut Court answered in the affirmative.
Of that large verdict, $31.5 million consisted of general damages, i.e., "pain and suffering" damages. Imagine a high school girl who is partially paralyzed, has a permanent weird smile on her face, constantly drools and is unable to fit in with anyone, everyone thinks she is "retarded" and no one wants to associate with her, and her boyfriend dumps her, all because of a tick bite. And she will be this way for the next 67 years.
She has suffered massive damages.
Some of the judges on the Connecticut Supreme Court had a problem with the size of the general damage award, but rightly determined that was a question for the legislature, not the court, so the award stood.
In Idaho, there is a cap on non-economic damages. As of 2017, that cap is $342,030.36. As a raw number that may sound large. However, if you have had a client who is paralyzed, or who has had their face slashed and had their jaw shoved down their throat in a car wreck, or who has had their brain damaged to the extent they now have an IQ of 70, it is not much. In the case of Cara Munn, it would amount to an award of $14 per day. The cap on non-economic damages in Idaho is absolutely arbitrary. More often than not, it either has no effect or results in injustice.
The citizens of Idaho can thank a small group of Boise insurance defense lawyers for banding together and lobbying hard for non-economic damage caps, in order to tilt the scales of justice in favor of Allstate, State Farm, and hundreds of other insurance companies they represent. They won; you lost.
https://www.courthousenews.com/court-upholds-41m-award-student-paralyzed-tick-bite/
http://www.insurancejournal.com/news/east/2017/08/22/462037.htm
Munn claimed that the director of international programs failed to inform the students that the U.S. Center for Disease Control had issued a warning to protect against the disease in forested area of northeastern China, where the students were going to travel.
She and other students got lost in the woods going down Mount Panjan and were bitten by insects. Their teachers and chaperones were not with them because they took the cable car down the mountain. Ten days later, Munn was partially paralyzed and semi-comatose. Her symptoms improved, but she is unable to speak, type, or control her facial muscles. Her brain function is also compromised. She did manage to finish high school and enroll in college at the time of the trial.
Munn sued the school for negligence and won $41.75 million in damages, $31.5 million are constituted as noneconomic damages. The school appealed, but the Second Circuit agreed that the injury was foreseeable.
The New York appeals court asked the Connecticut Supreme Court in 2015 whether the school has a duty under state law to warn students of serious insect-borne diseases on field trips. They answered yes in a recent ruling written by Chief Justice Chase Rogers that states that schools in Connecticut are obligated to warn students and parents about risk exposures for field trips.
Rogers wrote that a school's duty is to protect its students, which includes the responsibility to take measures to learn about and protect against serious insect-borne diseases.
The size of Munn's award was upheld due to the fact that the physical effects of her injuries will worsen as she gets older, and her psychological condition will deteriorate.
Comments from Allen:
Why would a court in New York be asking the Supreme Court of Connecticut about a court case? Because this case was brought in a United States District Court in Connecticut. The jury verdict was massive, and when the case was appealed, the appellate court for the Second Circuit was located in New York.
On occasion, a case brought in federal court will consider matters of state law. In this case, the verdict was so high that the federal appellate court decided it would be appropriate to ask Connecticut's Supreme Court if Connecticut law allowed for such a large verdict. The Connecticut Court answered in the affirmative.
Of that large verdict, $31.5 million consisted of general damages, i.e., "pain and suffering" damages. Imagine a high school girl who is partially paralyzed, has a permanent weird smile on her face, constantly drools and is unable to fit in with anyone, everyone thinks she is "retarded" and no one wants to associate with her, and her boyfriend dumps her, all because of a tick bite. And she will be this way for the next 67 years.
She has suffered massive damages.
Some of the judges on the Connecticut Supreme Court had a problem with the size of the general damage award, but rightly determined that was a question for the legislature, not the court, so the award stood.
In Idaho, there is a cap on non-economic damages. As of 2017, that cap is $342,030.36. As a raw number that may sound large. However, if you have had a client who is paralyzed, or who has had their face slashed and had their jaw shoved down their throat in a car wreck, or who has had their brain damaged to the extent they now have an IQ of 70, it is not much. In the case of Cara Munn, it would amount to an award of $14 per day. The cap on non-economic damages in Idaho is absolutely arbitrary. More often than not, it either has no effect or results in injustice.
The citizens of Idaho can thank a small group of Boise insurance defense lawyers for banding together and lobbying hard for non-economic damage caps, in order to tilt the scales of justice in favor of Allstate, State Farm, and hundreds of other insurance companies they represent. They won; you lost.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents, truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.
Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.
Sources for more information:https://www.courthousenews.com/court-upholds-41m-award-student-paralyzed-tick-bite/
http://www.insurancejournal.com/news/east/2017/08/22/462037.htm
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