Court Keeps Lid on Plaintiffs’ Recoveries
During a protracted legal battle, the family of a man who died in a devastating bus crash fought to lift the $750,000 state cap on noneconomic damages. They asserted the amount of money awarded in a wrongful death case should not be dictated by a law but rather by a jury that hears the evidence and testimony. The Tennessee Supreme Court accepted certification of questions of law regarding the constitutionality of Tennessee’s statutory cap on noneconomic damages. The Court ruled the law does not violate the state constitution, the cap is consistent with prior case law that upheld statutes limiting remedies available at common law and statutes abolishing common law causes of action.