Notice to Jurors / Juries | The Simon Law Firm P.C.

 With regard to The Simon Law Firm P.C. that has a reputation in St. Louis, Missouri located at 800 Market St. / 1001 Highland Plaza Dr and the greater legal community as being one of the “winningest law firms”  and promotes their most popular trade motto: “Cases as Causes” I thought it prudent and in the public and consumer interest to do a deep dive into the legal theory and application of punitive damages award.

The majority of jurors / juries and of course those who are involved in personal injury claims being represented by the Simon Law Firm P.C. will be asked to impose punitive damages upon the defendant if the defendant is found to be liable for injuries to the plaintiff for which Simon Law Firm P.C. is providing representation. However, juries are often not advised as to where the punitive damages award amount goes. Who is the recipient and beneficiary of the punitive damages award. The information herein will information any future or current jury members exactly where the money goes based upon Missouri Statute and particularly RSM0: 510.261 and RSMo: 537.675

To get to the crux of the argument and the conclusion of the matter you can skip down to and pick up again at the section: “The Primary Take Away”

 1. RSMo § 510.261: The "Clear and Convincing" Standard

This is the primary statute governing when punitive damages can even be considered.

• The Text: "Punitive damages shall not be awarded unless the claimant proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others."

This statute explains why jurors feel like they are "missing something" during the first part of a trial.

• The Process: Under Missouri law, trials are split into two stages.
  • Stage 1: The jury decides if the defendant is liable and how much money the plaintiff needs to be "made whole" (compensatory damages).
  • Stage 2: Only after liability is found does the jury hear evidence about the defendant's net worth to decide on a "punishment" amount.

This is the most important citation for your blog because it addresses the "Windfall" vs. "Justice" debate.

• The "Money Trail": This statute creates the Tort Victims' Compensation Fund. It mandates that 50% of any final judgment awarding punitive damages (after deducting attorney’s fees and expenses) is rendered in favor of the State of Missouri.
• The Calculation for Jurors: If a jury awards $1,000,000 in punitive damages, and the legal fees/expenses are $400,000:
  1. The Law Firm and Expenses are paid first ($400,000).
  2. The remaining $600,000 is split 50/50.
  3. The Plaintiff gets $300,000 and The State of Missouri gets $300,000.

While trial firms like The Simon Law Firm P.C. may ask for tens of millions, Missouri law often limits what can actually be collected.

• The Cap: Generally, punitive damages cannot exceed the greater of $500,000 or five times the net amount of the compensatory judgment.

 In the first part of your deliberations, if the defendant is found liable for damages you are to determine the amount of compensation to be awarded to the plaintiff to make them whole. The amount you determine that the plaintiff deserves in consideration of the injuries. Furthermore, you will be directed to consider a percentage of fault to the plaintiff. That is, to what extent did the plaintiff contribute to their injuries. This is known as “comparative fault” expressed as a percentage and any compensatory award to the plaintiff will be reduced by that amount. Then comes the consideration in deliberations as to whether or not punitive damages should be assessed against the plaintiff and for how much. (Note: Punitive damages are separate from compensatory and are not subject to comparative fault. The defendant and or insurer will be liable for the entire amount. This is where the “big money” resides for law firms establishing motive.” 

 The law firm gets paid first. - Usually 40 percent. Right off the top. Then the remainder is split 50/50 between the Tort Victims Compensation Fund and the plaintiff. Therefore when the attorney uses rhetorical tropes such as “We want to send them a signal.” - “ This is a lesson to others”, etc. In reality, both the attorney and the plaintiff are attempting to maximize and be enriched beyond what is equitable and substantial justice and most jurors are not aware of this. 

The equitable and “substantial justice” amount which the jurors have decided was provided for in the compensatory award amount. I will suggest that many jurors would be apprehensive to award punitive damages if, the majority of the money is going to go into the pockets of the lawyers and the plaintiff.

Whether to impose punitive damages against a defendant or not is up to each individual juror and jury to decide and in accordance with Missouri Statute. However, don’t be deceived by the closing arguments of the attorney. These attorneys, lawyers and law firms are attempting to win a “lottery”.  Not by penalizing the defendant themselves but rather, the insurance company that is going to pay out the award and we know who really pays in the end. — You and me. 

Albert B. Pepper Jr. - litigant pro se

Consumer advocate - citizen journalist

Phoenix Rising Productions LLC

The arguments and conclusions I present apply to any and all attorneys, lawyers and law firms throughout the state of Missouri. 

However, I named the Simon Law Firm P.C. of St. Louis, MIssouri of which John G. Simon Mo. Bar # 35231 is the principal whereas I am a former plaintiff client of the Simon Law Firm P.C. and have first hand primary knowledge of how Simon Law and associates, specifically Elizabeth C. McNulty Mo. Bar # 72026, Elizabeth S. Lenivy Mo. Bar # 67885, and Timothy M. Cronin Mo. Bar # 63283  present at trial. 

Furthermore, after my attorney / client relationship with The Simon Law Firm concluded I have continued with my investigation of The Simon Law Firm and associate counsel and gathered information as to how their legal theories, strategies and trial presentations are conducted in other personal injury and civil tort claims.