TBA Law Blog

TBA Law Blog

Court: Statutory Cap on Noneconomic Damages is Constitutional

Posted by: Kate Prince on Feb 26, 2020

The Supreme Court today held that the state’s cap on noneconomic damages in civil cases does not violate the Tennessee Constitution. Plaintiff Jodi McClay had filed a personal injury lawsuit against Airport Management Services LLC, and was awarded damages by the U.S. District Court of Middle Tennessee that included $930,000 for noneconomic damages for pain and suffering, permanent injury and loss of enjoyment of life. The defendant sought to apply the state’s statutory cap on noneconomic damages, which caps damages at $750,000 in most civil liability actions. McClay argued the cap was unconstitutional. In the majority opinion, the Supreme Court held the cap doesn’t violate a plaintiff’s right to a trial by jury, doesn’t interfere with the court’s authority to apply and interpret the law and doesn’t violate the equal protection provision of the Tennessee Constitution. Go online to read the majority opinion by Chief Justice Jeff Bivins and dissenting opinions by Justices Cornelia A. Clark and Sharon G. Lee.

Law-Related Blogs AND PODCASTS

Check out other law-related blogs and podcasts generated from the Tennessee legal community or of interest to the Tennessee lawyers.