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.
Twang & Tourism: The Country Music Trail
FOLLOW THE MBJ ON TWITTERMy Tweets
Top Posts & Pages
- Deal for Jackson-Orlando flights in works with Allegiant
- (UPDATED) Making Jackson-Evers affordable to Allegiant is key to regaining Orlando service
- Congressional delegation applauds Air Force's decision on Keesler, but not satisfied
- Great River Industries moving headquarters to Natchez
- The Blues and higher education — Delta State launches the International Delta Blues Project
- County rescinds gun ban; sheriff says lawmakers may 'deal with the consequences'
- Moon River Foods creating 100 jobs in Mississippi Delta
- Baseball stadium for Farish Street? It’s possible
- Singing River shutting doors on two Coast clinics
- Former state lawmaker Green dies at home at age 62