State judge declares tort cap unconstitutional; criticizes Legislature
Published: April 24,2012
CLARKSDALE — A state judge in Coahoma County has declared a legislatively imposed cap on non-economic damages unconstitutional.
Circuit Judge Charles Webster issued the ruling April 20 in a 14-page opinion. He criticized the Legislature for intruding into judicial authority.
Webster’s ruling came in a motion filed by Cleveland attorney Ralph E. Chapman in lawsuit seeking damages stemming from the death of a child in an apartment complex fire.
A Coahoma jury in September returned a verdict for the plaintiffs that included $6 million in non-economic damages. State law that went into effect in 2004 limits awards for non-economic damages to $1 million.
Chapman said today the plaintiffs sought the ruling on grounds the cap is unconstitutional.
The Mississippi Supreme Court is expected to get the case.
To sign up for Mississippi Business Daily Updates, click here.
FOLLOW THE MBJ ON TWITTERMy Tweets
Top Posts & Pages
- Canadian company purchasing Southern Lumber for nearly $50M
- Winchester lands $50M ammunition contract from Homeland Security
- Lawmakers question education leaders about escalating administrative costs
- Deer processors need to use caution to insure safe, tasty venison
- Peavey Electronics reorganizing under new globalization plan
- Pearl ordering rental properties to retrofit with sprinklers, build storm shelters
- C Spire completes acquisition of MegaGate Broadband
- Columbia Parachute expanding, relocating to BusinessPlex
- Tourism conference being held on Coast; industry to ask state for more money