Articles

DTCI: Flipping the Paradigm: Presenting Subsequent Remedial Measures as a Defense to Punitive Damage Claims against Motor Carriers

The legendary Green Bay Packers coach, Vince Lombardi, is credited with saying, “Hope is not a strategy.” The trucking industry and those who defend it need to move beyond merely hoping that the jury will be convinced that the plaintiffs have failed to carry their burden of proof on punitives. Recent verdict history shows that arguing that the conduct at issue “wasn’t that bad” often fails.

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