The not-so-funny reality of American jurisprudence unfolds in tragic tort claim against Ford Motors

By Micheal F. Lamb for The Montana Lawyer

It was Halloween evening.  It was dark.  Fred Patton was doing his fatherly duty as chauffeur for his two youngest daughters, who were costumed as a princess and a witch.  Chattering gaily, they climbed out of the family station wagon and ran up the sidewalk to the home of a neighbor.

Fred, seeing his friend come to the door, put the station wagon in park and stepped out to say hello.  He walked to the rear of the Ford Gran Torino.  His daughters erupted in thanks for the treats.

There was another sound.  It was a sound not unlike one Fred had known as a young man in the military police, the sound of someone chambering a round in a service sidearm.  What he heard was the transmission of his car drop from false park into reverse, although no one was in the car.  The back-up lights came on.  At the same instant Fred was knocked off balance.  He fell to the ground.  His car was backing over him.  He grabbed the bumper and scrambled frantically to regain his feet.  He reached the rear door handle and was able to bring himself to his knees.

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by Micheal F. Lamb, published in The Montana Lawyer 

My name was drawn for jury duty.  I left the office at 9 a.m. on a Monday morning, expecting to be back in my office in a half hour, an hour at the most.

It wasn’t to be.  The lawyers involved did me a favor.

We concluded deliberations Friday evening at about 9:30.

I learned a number of lessons, some worth passing on.  It is unwise to make general conclusions on the basis of a singular experience; however, the likelihood of having a similar opportunity is somewhat less than lightning striking twice in the same place.  And since it is always unwise to miss the opportunity to say something good, I offer the following observations for what they are worth.

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