smd4 posted:david1 posted:It's pretty simple if the D&S is found guilty of causing the fire they will have to pay the fine in part or in full. As they should, if it puts them out of business, so be it.
Sorry to be blunt but that's the way it will end,
Dave
Dave, there is no "fine." This is a federal civil lawsuit. Not even the complaint itself states a monetary amount that they want.
The prayer for relief is for the following:
--Damages in an amount to be determined at trial;
--Pre-judgment interest, administrative costs, and penalties pursuant to 31 U.S.C. 3717 and 43 CFR 2808.11;
--Post-judgment interest at the statutory rate;
--An award of costs an attorney's fees; and
--Any other relief the Court deems just and proper.
The $25,000,000 number that keeps popping up is only what the fire cost the government. Theoretically, the jury could find in the Government's favor--and award $1.00.
Thanks for this, I think it clarifies how judgements happen when it comes to lawsuits for damages. A jury (or a judge, question I always wanted to ask, can a defendant waive the right to a jury in a civil case?) could give much less than asked I assume if they feel like someone else bears some of the blame (for example, if this had been a drought and the government didn't issue warnings or guidelines about the state of the forest, they could be considered partially responsible for it). A jury could also decide that the railroad was really negligent and award damages more than what the plaintiff asked for....I have been on civil cases here in wonderful NJ, and it isn't easy, the cases I was on there were no guidelines, we were just told to come to a verdict and decide what the plaintiff should get, if anything.
