Tennessee Tort Reform – Capping Damages

TORT REFORM

An Eye For An Eye

We are all familiar with the Bible and its many references to justice including an “eye for an eye” or an arm for an arm and similar expressions from the Bible mandating justice.

Caps on damages are evil, wicked, and I guess they would change the compensation from and eye for an eye to an eye for a glass eye and set damages at that amount. A just, fair and moral society must allow for compensation that consists of pain, incapacitation, mental anguish, loss of enjoyment of life, and all damages that flow from the loss. Capping damages changes an eye for an eye and an arm for an arm to cap damages at an arm for a fingernail.

The Bible provides moral authority for a tort system free of caps as does our constitutional right to a trial by jury. The tort reformers currently want to change the “an eye for an eye” to damage caps at an eye for an eyelash or an arm for an arm capped at an arm for a fingernail.

These types of caps on damages are wicked, evil and outrageous.

The Bible opposed “tort reform” in the following passages:

“Whatever he has done must be done to him.” Lev. 24:19 (NIV) is used to indicate that the wrongdoer should get what he deserves. Judges 15:6-8 (11)

The restitution could be monetary or in kind, as indicated in Lev. 24:18 “Anyone who takes the life of someone’s animal must make restitution – life for life.” Obviously in this case, life for life does not mean that the individual who killed the animal was to be killed. The law provided the legislative foundation to establish proper equivalents in specific cases.

Jesus and the Law of Equivalency. The intent of the law of retribution was to insure that the punishment corresponded to the wrongdoing in order to control the punishment inflicted on the wrongdoer. These principles found in the Bible are sound, just, fair and righteous reasons to oppose any type of tort reform. An eye for an eye means just what it says without caps on damages wrongdoers. Any attempts to close the courthouse doors in capping just, fair and righteous awards is outrageous.



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