Tag Archives: TortReform

TN Supreme Court Upholds Non-Economic Damage Caps

According to the Chattanooga Times Free Press, the Tennessee Supreme Court has set aside a previous ruling by a Hamilton County judge who said that laws capping certain damages in personal injury lawsuits are unconstitutional. We discussed the case that led to the Supreme Court decision in March. Currently, due to state tort reform efforts, there is a $750,000 cap per victim on noneconomic damages, which can include physical and emotional pain, humiliation, physical impairment, disfigurement and injury to reputation. In March, Judge W. Neil Thomas ruled that the cap was unconstitutional in a case involving a $25 million negligence lawsuit filed by the family of a man who was injured in an auto accident. The family filed the lawsuit against several divisions of AT&T and one of its employees. In the lawsuit, the family sought the court to rule on the constitutionality laws that cap noneconomic damages. Thomas ruled…
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