Trials and Verdicts: $10.4 million awarded in crash

This decision puts a face on tort reform,

While U-Haul described itself as "very disappointed with this verdict," Christopher Burke said, "It's because of the jury system, that nine ordinary people can see through what goes on, to give some justice to injured people."

Here is a link to the courier journal story:

$10.4 million awarded in crash [ Courier Journal]
Christopher and Corry Burke and their infant son, Ryan, were driving through Kentucky in 2002 on their way from their old life in Indianapolis to a new life in Florida, when life as they knew it came to a sudden, horrible end.

The car they were towing with their Ford Explorer began to fishtail. Then the combination of cars jackknifed, and bounced into and over a guardrail -- injuring all three; Corry Burke, then 25, most seriously so, with a crushing injury to her lower spine. Today, she is a paraplegic. 

Now a jury in U.S. District Court in Louisville has said that a substantial cause of that accident was a U-Haul towing device, known as a tow dolly, that the Burkes had rented in Indianapolis.

The jury awarded the Burkes $10.4 million.

Christopher Burke, a 54-year-old JetBlue pilot, reached by phone at his home in Hobe Sound, Fla., declined to discuss details of the accident and the case, but did say that "it's been a long 41/2 years of pain, struggle and horror."

"Life before (such an accident) is when you have unlimited possibilities, that you can achieve your dreams … to the extent of your imagination and drive to accomplish. After that day, your life is a life of limitations, daily frustration and pain," he said.

U-Haul International Inc., in a statement, and its Louisville lawyer, Charles S. Cassis, defended the safety of the dolly, which has undergone no changes in its design or use because of the case.

"It was state of the art, and it was our position that it was properly designed, manufactured and sold," and "absolutely" remains a safe product, Cassis said.

The company's statement said it "will vigorously defend this case through the appeals process."  * * *

While U-Haul described itself as "very disappointed with this verdict," Christopher Burke said, "It's because of the jury system, that nine ordinary people can see through what goes on, to give some justice to injured people."