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Evidence — continued from Page 32


introduced irrelevant evidence that bore no relation to their claim. For example, the Campbells introduced evidence that State Farm’s policies generally corrupted


its employees and that State Farm had investigated the personal life of one of its employees. This evidence was not relevant in the Campbell case and had no nexus to


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the Campbells’ claim. The Court found that the Campbells used the case as a “platform to expose, and punish, the per- ceived deficiencies of State Farm’s opera- tions throughout the country” and that they introduced substantial “evidence per- taining to claims that had nothing to do with a third-party lawsuit.” The Court indicated that a “defendant’s dissimilar acts, independent from the acts upon which liability was premised,” may not serve as the basis for punitive damages. The Campbells failed to show any con- duct by State Farm that was similar to the conduct that damaged them. As a result, in reducing the punitive-damages award, the Supreme Court only considered State Farm’s conduct towards the Campbells and did not consider State Farm’s con- duct towards any other insureds. In Johnson v. Ford Motor Co., the plain-


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tiffs purchased a used Taurus from a Ford dealership. When asked about the previ- ous ownership, the plaintiffs were told that the Taurus had been traded in for a newer model. When asked to see the car’s repair history, they were shown a comput- er print-out that indicated that there had been no significant repairs. In reality, the Taurus had suffered from repeated and serious transmission problems and the prior owner had requested that Ford repurchase the car as a “lemon.” After the plaintiffs experienced repeated transmis- sion problems, Ford replaced the trans- mission twice and, when plaintiffs again asked to see the car’s repair history, they were finally shown the car’s complete his- tory, detailing the transmission problems experienced by the first owners. Plaintiffs sued Ford for, among other


things, intentional and negligent misrep- resentation, violation of the Consumer Legal Remedies Act, and violation of Business & Professions Code section 17500’s prohibition on false or misleading advertising. At trial, the plaintiffs intro- duced evidence that, in order to avoid the title branding and additional require- ments involved in reselling a “lemon” automobile under California law, Ford managers employed a narrow concept of what constituted a repair attempt for


See Evidence, Page 36


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