BENETTA BUELL WILSON v. FORD MOTOR COMPANY PART - III
This case is before us for a second time, after a GVR[1]order from the United States Supreme Court directed that we reconsider our original opinion in Buell‑Wilson v. Ford Motor Company (2006) 141 Cal.App.4th 525 (Buell‑Wilson I) in light of Philip Morris USA v. Williams (2007) 549 U.S. ___ [166 L.Ed.2d 940, 127 S.Ct. 1057] (Philip Morris). Philip Morris holds that upon request, courts must adopt procedures to ensure juries do not punish defendants for harm caused to third parties when determining the amount of punitive damages to award. The Supreme Court also reiterated, however, juries could consider harm to third parties in determining the reprehensibility of a defendant's conduct.
Ford asserts that based on Philip Morris it is entitled to a new trial (or at least a further reduction in the punitive damages award) because there is a "significant risk" the punitive damages verdict in this case was based on improper evidence and arguments concerning third party harm. Ford also asserts that we should reconsider our original decision's rejection of its arguments that (1) California's punitive damages statute (Civil Code section 3294) is unconstitutionally vague as applied to this case, and (2) the trial court erred in excluding its industry custom and practice evidence. We granted permission to the Chamber of Commerce of the United States of America (the Chamber) and the Product Liability Advisory Council, Inc. (PLAC) to file amicus curiae briefs to support Ford's contentions on remand.
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