Curtis Campbell spent the past 20 years of his life embroiled in a multimillion-dollar lawsuit with State Farm Mutual Automobile Insurance Co.
But Wednesday, when his attorneys learned of a second victory handed down by the Utah Supreme Court, Campbell never heard the good news. He died that same day at the age of 83 after an extended battle with Parkinson's.
The justices Tuesday denied State Farm's request for a rehearing on the court's October decision to reinstate a jury's judgment against the insurance giant — $145 million in punitive and $2.6 million in compensatory damages.
In reinstating the unprecedented judgment — which 3rd District Judge William Bohling reduced to $25 million and $1 million following the 1996 verdict — the justices accused State Farm of "malicious and reprehensible" conduct toward its clients.
The high court accused State Farm of more than two decades of cheating its customers by using low-quality parts on repairs and lying and taking advantage of people in vulnerable positions, such as elderly, minority and low-income clients.
Campbell received no money from State Farm before his death. Any award of damages will now go to his widow, Inez.
State Farm's only remaining option in the 18-year legal battle, stemming from a 1981 fatal accident near Logan, is to file a petition with the U.S. Supreme Court within 90 days.
"They're considering that option, and they have not advised me yet as to their final decision," State Farm attorney Paul Belnap said.
An appeal to the country's highest court wouldn't surprise Salt Lake attorney Karra Porter, who has helped see Curtis and Inez Campbell through the lengthy legal battle.
"They have thrown everything but the kitchen sink at the Campbells, and I guess the (U.S.) Supreme Court would be the kitchen sink," said Porter of the Salt Lake law firm Christensen & Jensen.
The case began in May 1981 when Campbell passed a truck in Sardine Canyon, narrowly missing an oncoming car driven by 19-year-old Todd Ospital. Ospital swerved and hit a van driven by Robert Slusher. Slusher was critically injured, and Ospital was killed.
The accident resulted in a slew of lawsuits, one of which was settled before trial. But in 1983, one suit against Curtis Campbell did go to trial in Logan, and the jury returned a verdict of $253,000.
State Farm attorneys, representing the Campbells at trial, reportedly refused repeated offers to settle out of court for $50,000, the maximum limit on the elderly couple's insurance policy.
The Campbells, along with Slusher and Ospital's family, filed the bad-faith lawsuit against State Farm in 1984.
In his November petition for a rehearing, Belnap argued the court's reinstatement of the judgment is unconstitutional and relied too heavily on "other acts" allegedly committed by State Farm.
At trial, jurors heard evidence about alleged fraudulent claims and bad-faith lawsuits in 12 other states.
The Utah Supreme Court in October also noted a $100 million punitive award judgment handed down in a Texas lawsuit that was never reported to State Farm's national headquarters.
"Given all of this out-of-state conduct admitted into evidence, it is inconceivable that the jury restricted itself to punishing only for conduct in Utah," the petition states.
Belnap Wednesday reiterated State Farm's long-time position that the Campbell case will never happen again under the insurance company's current policies.
State Farm in 1996 adopted a policy in which all customers headed to trial will receive a "peace of mind" letter. The letter reportedly assures clients that all judgments, even those that exceed the policyholder's insurance limits, will be paid in full.
As proof, Belnap included 95 such letters in its petition for a rehearing.
E-mail: awelling@desnews.com