Reply #64: I respectfully disagree with your statement that because a case

[JimmyJazz]

survives appellate court it is deemed meritous. A jury finding in favor of a plaintiff does not necessarily validate the claim. The jury may have been sympathatic to the plaintiff. As I am sure you know, this happens in cases where the injuries are severe as was the case in this instance.

Appellate courts cannot tell a jury they were wrong in their decision, but only rule on matters of judicial error. If no errors were made by the judge, the case cannot be overturned on the merits (or lack thereof).

Therefore, a jury verdit does not validate the claim and the opinion of whether or not a claim is meritous is just that, an opinion.

I recall this case as being taught as an example of a frivolous lawsuit, which is why it stands out in my head, and I still believe that it is.