A federal judge has slammed the use of statistics on racial differences in life expectancy to determine damages for a catastrophically injured black man. James McMillan was awarded $18.3 million after being rendered a quadriplegic in the 2003 crash of a New York ferry. The city had sought to limit McMillan's damages, but Judge Jack B. Weinstein, referring to the Supreme Court's infamous Plessy v. Ferguson decision, said consideration of statistical differences would be discriminatory and unconstitutional.
Federal Judge Blasts Use of Statistics on Race to Set Damages in Ferry Crash
New York Law Journal
October 15, 2008