$25 million Loss of Society Award Deemed Excessive!

Mikolajczyk v. Ford Motor Company- (issued by the First District, Third Division of the Appellate Court on 11/22/06)- great decision for the defense!Brief facts: The plaintiff brought a strict products liability lawsuit against Ford and Mazda claiming the car seat of decedent's car was unreasonably dangerous and defective. The jury awarded $25 million for loss of society and sexual relations in a wrongful death claim. The decedent was 46 years old at the time of his death and earned $63,450 per year. He and his wife had two children. The evidence presented established a loving relationship among all. Holding: The court held the $25 million award exceeded fair and reasonable compensation and shocked the judicial conscience. The appellate court directed the trial court to remit (reduce) the amount of the verdict for loss of society. Significantly, the appellate court stated: "by way of guidance to the trial court, we would find it difficult to deem reasonable a loss of society award of more than seven figures in this case and would certainly find unreasonable an award of any more than one-half of the loss of society award settled upon by the jury." Significance of Holding: This case arguably will allow defendants to challenge verdicts for loss of society that exceed roughly $14.5 million. Future of Holding: It is likely the plaintiff will ask the Supreme Court to review and reverse the appellate court's decision.