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McMillan v. City of New York

United States District Court for the Eastern District of New York
253 F.R.D. 247 (2008)
ELI5:

Rule of Law:

Using race-based statistical tables to calculate a person's life expectancy for the purpose of assessing tort damages is impermissible because such statistics are factually unreliable and their use by a court constitutes state action that violates the Equal Protection and Due Process Clauses of the Constitution.


Facts:

  • James McMillan was a passenger on a ferryboat operated by the City of New York.
  • The ferryboat crashed as a result of the City of New York's negligence.
  • The crash rendered McMillan a quadriplegic, requiring lifelong medical care.
  • McMillan was characterized by the parties as an 'African-American.'
  • During the damages phase of his lawsuit, statistical evidence was introduced suggesting that 'African-American' men with spinal cord injuries have a shorter life expectancy than individuals of other races with similar injuries.

Procedural Posture:

  • James McMillan sued the City of New York in the United States District Court for the Eastern District of New York for injuries sustained in a ferryboat crash.
  • The court previously determined that the City of New York was negligent.
  • A trial was held before the court and an advisory jury to determine the amount of damages McMillan was owed.
  • During the damages trial, the court considered the issue of whether to admit and rely upon race-based life expectancy statistics to calculate future damages.

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Issue:

Does the use of race-based life expectancy tables to calculate damages for a tort victim violate the Equal Protection and Due Process Clauses of the Constitution?


Opinions:

Majority - Weinstein, J.

Yes. The use of race-based life expectancy tables to calculate damages for a tort victim violates the Equal Protection and Due Process Clauses. 'Race' is primarily a social construct, not a biological reality, which makes race-based statistics scientifically unreliable and factually inappropriate for predicting an individual's lifespan. The court found that socio-economic factors, which are often masked by race, are far more influential on life expectancy. Furthermore, judicial reliance on such statistics constitutes state action that employs a suspect classification ('race'), which is impermissible under the Equal Protection Clause as established in cases like Brown v. Board of Education. Using these arbitrary and ill-founded statistics also arbitrarily deprives an individual of their property right in full compensation, violating the Due Process Clause.



Analysis:

This decision represents a significant departure from the historical practice of using race- and gender-specific tables in tort calculations, which often perpetuated societal inequalities. It establishes a strong precedent at the district court level that such classifications are not only scientifically unsound but also unconstitutional state action. The ruling challenges the legal system's passive acceptance of statistical tables that may reflect past and present discrimination, pushing courts to adopt race-neutral and more individualized approaches to damage calculations. This could broadly influence future personal injury cases involving calculations of lost earnings, work-life expectancy, and life expectancy, promoting more equitable outcomes for all litigants.

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