Tomorrow at SCOTUS

Big day tomorrow at the U.S. Supreme Court, where court watchers will be closely monitoring Justices Alito and Roberts' every word and gesture in Philip Morris v. Williams, the court's latest look at punitive damages. The case promises to clear up, if not the law on punitive damages, at least some of the uncertainty about whether the new justices' states' rights philosophy will ever trump their sympathies for corporate America. The oral arguments promise to be lively.

Andrew Frey, the lawyer representing Philip Morris, is a powerhouse, with a long string of successes in this area. On the other side is Robert Peck, the president of the Center for Constitutional Litigation (which in typical trial lawyer fashion, has no website). The center was spun off from ATLA in 2002 to challenge tort reform in court on constitutional grounds, and Peck, a former ACLU guy, has been the genius behind many of those wins.

The American Constitution Society blog is running a series of posts on the case, from a variety of viewpoints, including the latest by Sherman "Tiger" Joyce, the president of the American Tort Reform Association....

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[Ginger M. Morrison]

To Whom It May Concern:

Name: Ginger Morrison
5889 W. Breezeway Dr.
No. Ridgeville, OH 44039
(440) 353-1188

HISTORY:

MVA August 14, 2004
Result T-4 Complete Paralyzed Bust Down
Surgery August inserting 2 screws at UAB Hospital in Birmingham, AL released to Select Baptist Monclair Hospital in Birmingham AL Oct. 14, 2004 to wean off ventilator. Sent to VA Hospital Dec. 14, 2004 for rehab and sent home June 14, 2005 in No. Ridgeville, OH where I had wheelchair accessible wheelchair home built. My son in Alabama was found deceased in my home in Opelika, AL on Nov. 6, 2004 and the only family I have is here in Ohio.

I am a 100% compensated veteran for PTSD due to trauma while in Marines 1969 to 1970.

After MVA in August 2004 I moved to Ohio to go through rehab at Wade Park VA and from Sept. 2005 until April 2006 I came to VA to work out in physical therapy to make my upper body strong so I could transfer self from wheelchair to other areas. I attended the Wheelchair Games in Aspen, COL in April of 2006. A physical exam had to be made and I passed before I could attend. I skied, drove snowmobiles and other activities.

CURRENT PROBLEM:

Returning from Aspen, COL on April 9, 2006 by United Airlines aka Skywest Airlines, I was dropped by two men from (have to look up company name ) which Skywest insisted they take us out of our seats and placed into an aisle seat as our wheelchairs were too large for the aisles. I insisted the Physical Therapists that were with us on the trip lift me from my seat and was informed by Anthony (Zachawryis have to find correct spelling) that the Airline insisted on using their people to lift us out of our seats.

Two large men proceeded to lift me out of my airline seat and I was not aware I had my seatbelt on as I cannot feel. I tried to tell them the right way to lift me by taking my legs underneath my knees and wrapping their arms around my bust area where I could wrap my hands around their arms for lifting, as was shown to me by Physical Therapists when I was taken off the plane in Aspen.

After removing the seatbelt they lifted me onto the aisle chair to the area where outside of the airplane on the jet way. I pleaded with Anthony to show them how to lift me and he shook his head no that the Airline insisted on putting me into my wheelchair. The young men grabbed me under my arms and had to lift me about 9 inches so that I could be seated into my wheelchair. When they lifted me the first time, I was dropped between the aisle chair and my wheelchair. I felt my sternum had been crushed, by spine popped and I spit out a metallic form into my hand. Anthony was standing in front of my wheelchair and witnessed the entire situation. I showed Anthony my hand where the metallic substance was in my hand and asked him did my screws pop out of my back and I spit them up? I was hurting so bad I didn’t know what to do. A lady from the airline witnessed the accident, the two men and Anthony. I made an accident report with the officer and asked if all the names were going to be put on this report. I was assured that they would be done by the female officer. I went to Southwest General Hospital by ambulance to the emergency room where they treated me for pain and the personnel, Anthony and the nurse that went with us to Aspen, Norma Smith was with me, along with the nurse I hired and her friend. The VA personnel insisted I go check into the VA hospital and that is what I did. I was there on the 10th and 11th and not one xray, MRI or EMG was made due to my accident. I was in such pain that I constantly cried out for help. Instead my doctor told me to shut up and that she was not going to give me anything else for pain and for me not to ask anyone else. I was moved back and forth very roughly and each time I screamed. I still cannot move as I am losing feelings in my arms and hands. Someone has had to type this report up for me and I used to type over 90 words a minute.

Anthony told my nurse not to go to Alaska with me to the summer wheelchair games because I was a problem, I have an Affidavit from her on how Anthony called me an ass in Aspen while she was with me and she could not believe he would talk to me because I could not play golf on a carpet with tape lined up to hit with a small club.

I have a statement from Anthony as he wrote halfheartedly what really occurred. I was concerned about leaving my wheelchair at the airport, as they lost my cushion and I had to insist on the VA personnel to give me my cushion back that they gave to someone else when I first got to Aspen.

I read my accident report and they wrote on their report that I was a schizophrenic, Anthony, apparently, told the officer this diagnosis that he read on my medical records and is so far from the truth that I could not believe he would deliberately harm my demeanor or make any assumptions that only a psychiatrist or physiologist could make. I am not or never have been a schizophrenic. I did not realize all the things that have been put into my medical records at the Wade Park VA about me since my accident. I have PTSD and cannot figure out how they just recently said I have histrionic behavior and Anthony used that in a report after a psychologist just put it into his report just recently, too.

I went to St. John West Shore hospital in April around the 15th and called the paramedics because I thought I was having a heart attack. According the attorneys they claim I was admitted for a UTI infection in which I did as I always have them since the original accident.

SUMMARY:

I could not have gone to the games unless I had a physical report stating that I was in fit condition in first place to withstand the activities. I was in physical therapy lifting a rickshaw 100lbs. for 100xs. Throwing an 8lb. ball 1,000 times nonstop onto a trampoline. Lifting and pulling in all directions on a machine with weights. I could almost transfer myself alone without assistance and I weighed 214lbs.

I was informed by Certified Mail today, Nov. 9, 2007 that Friedman, Domiono were not going to pursue the matter. They received a letter from Skywest’s attorneys that they do not have any evidence that I was dropped on the ground. I never said I was dropped on the ground. I was dropped 9 inches between the aisle seat and my wheelchair and 4 witnesses saw this happen. The police officer said she would get everyone’s name. I read. Why did they wait and only leave me 6 months to get a new lawyer?

Please contact me at 440-353-1188 at home or if I don’t answer call me on my cell phone 440-258-9534. My medical bills are outrageous and my pain medicine I have to pay out of pocket, they are $1,700.00 per month, I am afraid I am losing my arms and hands and may become a quadriplegic. A lady called me from Skywest and said they would pay all the medical before I got a lawyer, the number is 435-634-3433, Linda Klobenslock, not sure of spelling.