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Doubts on Diverting Punitive Damages

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Re “State Profit in Punishment,” editorial, May 24: I can’t help but feel that this is one of those cases where it depends what side of the law you’d be on. If you’re on the side that is being sued then, yes, by all means, anything to discourage these tremendous payouts. Then again, if you’re on the side that has been wronged, how dare they defy the intent of the legislation? Compensatory damages can compensate for actual monetary amounts, which can be proved. Pain and suffering become a little subjective in terms of how long and painful the results of the alleged act are, when compared with similar situations. But punishment is pretty tricky.

Was the wrong committed a human error, the result of negligence, a second occurrence? And also, is there a conflict of interest? Should judges be involved in “feeding the hand” that feeds them? I don’t think giving more money to the state for energy company scams is where I want my punitive damages to wind up.

Dan Mariscal

Montebello

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