Cole v. Ford Motor Co. in Trial for Third Time
The third trial involving the 2001 death of former New York Mets prospect Brian Cole is taking place before Judge Billy Joe Landrum in Laurel or Paulding (I have heard both). Ford Motor Co. is the defendant. The lawsuit alleges defects in a seatbelt and a propensity of an Explorer to roll-over.
Two prior trials resulted in hung juries. The case was first tried in 2004 before Judge Robert Evans in Paulding. My recollection is that the plaintiffs moved to recuse Judge Evans after the first trial and the Supreme Court appointed Judge Landrum to take over the case.
The second trial was earlier this year before Judge Landrum and discussed on this blog here and here.
Plaintiffs contend that Cole would have been a major leaguer, a view supported by the Mets as discussed in this New York Daily News article about the last trial.
So much for the supposed rule that damages may not be "speculative." How much more speculative do ya get?
Almost all future lost wages awards are speculative. The speculative nature of future lost wage claims generally effects the weight for a jury to give those claims not its admissibility.
Speculative is a high school kid who likes baseball and wants to be a major leaguer, not a kid who progressed through the minors prior to his death and will have people in the Mets organization testify that he was one of their top prospects and would have gone pro but for the accident. This is no more specualtive than arguing to a jury that a second year C law student would go on to become an attorney. They jury can buy it or not.
This is a Jasper County case but it is being tried in Laurel before a Jasper County jury.