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
- Thousands of acres of Delta farmland to go on auction block
- Board files suit against VA over release of patients' names
- CSpire offering 1Phone 6, IPhone 6 Plus on Sept. 19
- Mississippi sounds coming to Americana Music Festival & Conference
- MBJ's Business Marketplace set for Sept. 19 at Mississippi's Trade Mart
- Owner of former hospital given deadline
- Officials set hunting dates for birds; expands dove season by 20 days
- Nehi Bottling Company has been a Cleveland fixture for 85 years
- State's corn crop could set new yield record