Possible Effects of the Tennessee Supreme Court Decision on Noneconomic Damage Caps
The Tennessee Civil Justice Act passed in 2011, which, in part, imposed a cap on the amount of noneconomic damages a personal injury plaintiff could receive in state court. Even if a jury awards a plaintiff high compensation for their pain, suffering, and other noneconomic losses, the law requires the court to reduce the noneconomic award to a maximum of $750,000. This noneconomic damage cap has reduced the compensation that many seriously injured plaintiffs have deserved over the past eight years.
Different courts have ruled that the damage cap is unconstitutional, including the United States Court of Appeals for the Sixth Circuit and the Williamson County state district court. However, no decision has yet effectively struck down the damage cap throughout the State of Tennessee regarding state civil cases.
Now, the Tennessee Supreme Court has heard arguments in the case McClay v. Airport Management Services, Inc. If the Supreme Court of our state rules the damage cap is unconstitutional, the law will no longer be in effect.
Details about the Case
In McClay v. Airport Management Services, Inc., a woman was in an airport shop at Nashville International Airport, buying a bottle of water before boarding an airplane. As she went to close the door of the cooler, a loose board that was out of place fell directly on her ankle. According to the lawsuit, the plaintiff suffered a crushed ankle with soft tissue damage and now requires ongoing medical care.
In her claim in Tennessee state court, the jury awarded her $930,000 in noneconomic damages. However, in accordance with current law, the court reduced her damages to $750,000 to comply with the damage cap. The plaintiff appealed, challenging the constitutionality of the law and stating the law denies her right to trial by jury, since the law can require the court to override the jury’s decision.
What Happens if the Damage Cap is Eliminated?
There is no doubt that the Tennessee Civil Justice Act is a pro-business law that does not favor personal injury plaintiffs. The damage cap aims to reduce the financial liability of companies – even if the company was completely liable for the resulting injuries to the plaintiff.
If the law is struck down, many medical professionals and businesses claim that costs will rise due to greater liability. However, eliminating the damage cap can also serve as a deterrence for businesses to allow hazards and dangerous conditions that cause injuries. Furthermore, it will ensure that seriously-injured plaintiffs receive the full compensation they deserve. If someone falls in a store and suffers spinal damage that causes permanent paralysis, their pain, suffering, and a lifetime of impairment is often certainly worth more than $750,000.
Contact an Experienced Nashville Personal Injury Lawyer about a Possible Case
Bednarz Law is keeping a close watch on the decision in this case. If you suffered an injury, contact us for a free case evaluation with a Nashville personal injury attorney today.
