Only Money can deter Conscious Indifference

As far as I can remember, I've be an ardent opponent of tort reform. I think it hurts society in ways that doctors and big business will never let you know.

That said, it is hard to help people really understand why astronomially high jury verdicts are actually good for law and justice. I can understand that...it certainly isn't intuitive.

The State Bar of Texas, in its 2006 Short Story Competition, awarded John Walton Brookman first place for his submission, "Final Judgment." Some snippets are blow to give you a feel for the story. I highly recommend reading it in its entirety...it is only 6 pages.

Plaintiff's Counsel:
...I’d already finished recounting the testimony the jury’d heard during the
previous two weeks of trial about Lupita Chavolla’s last trip to the swimming pool. Lupita was five getting ready to turn six when she sat down in the wading pool at the Cross Arbors Swimming Association. The jury had listened to the testimony of the witnesses who had heard her shrieks as the drain on the pool trapped Lupita in place and her mother unsuccessfully attempted to lift her out of the water. They’d heard the engineers testify how the suction had increased exponentially and the doctors testify how this amount of force had disemboweled
Lupita, leaving her, her intestines and her mother thrashing around in a hellish miasma of chlorine, blood and tears....

Defense Counsel's Rebuttal:
“Yes, ladies and gentlemen, we all feel sorry for what happened here. Nobody has more sympathy for little Lupita than the fine people at Tranquil Pools. But we all assume risk when we enter the water. And certainly when we take our children to a swimming pool we have a duty to adequately supervise them.”

“Yes, ladies and gentlemen, that’s what it boils down to: Money. M-O-N-E-Y. They want you to award millions of dollars. Well, let me tell you something, no amount of money is going to bring Lupita Chavolla back. A stack of money as tall as this building won’t bring her back.”

Plaintiff's Powerful Rebuttal:
"...The Chavollas don’t want your sympathy. And they darn sure don’t want the sympathy of those fine people at Tranquil Pools, Incorporated.

“Let’s talk about those fine people of Tranquil Pools, Incorporated. Let’s
talk about this corporation that is informed of tragedy upon tragedy upon tragedy just like this one. This fine corporation that puts profits over the safety and wellbeing of the Lupita Chavollas of this world.”

“As far as the reason we are here today, well I think you know why. We are here to right a wrong. We are here to achieve justice so what happened to Lupita won’t happen to some other child. To ensure corporations won’t shred incriminating documents. We are here to punish a corporation that disregards the safety and well-being of the most defenseless members of our society: Our children.”

“But only money will deter this corporation’s conscious indifference to the welfare of our families in the future. Money is the only language this fine corporation comprehends. Based on their net worth, it’s obvious that it will take a pile of money as tall as this building to get their attention. Because, you see, partial justice is no justice at all. If you are as horrified at these facts as I know you must be, then let your voice be heard through your deliberate and reasoned verdict.