In an appeal from a Greene County Missouri Circuit Court judgment, the
Appellate Court found that statutory caps on non-economic damages violate a
person's right to a trial by jury. Thus, it was a violation of the Missouri
Constitution. The Missouri Constitution is similar to many other State
Constitutions and the U.S. Constitution, requiring the right to trial by jury.
Non-economic damages include damages awarded to an injured plaintiff for
things like pain and suffering, claims by a spouse or children for loss of
consortium, severe pain, physical and emotional distress, disfigurement, loss
of the enjoyment of life that an injury has caused, including sterility,
physical impairment and loss of a loved one.
Because tort law has historically been a question of state law, states have
the power to establish a constitutional right to a trial by jury in civil
cases. Historically, juries have decided both the question of liability and the
question of how much damages to award in tort cases, subject to instructions on
the law by a judge. Several state appellate courts that have considered the
issue have struck down damages caps as a violation of state constitutions. The
Missouri decision is a recent and important one.
It has been the ongoing practice to have juries assess non-economic damages
on a case by case basis. Non-economic damages are the only compensation a jury
can provide for the injury itself, as opposed to reimbursement of out of pocket
expenses (economic damages) such as the plaintiff's lost wages, medical bills,
and legal fees. This type of compensation is especially important for people
who do not work outside the home, like the elderly, children, and homemakers.
The "worth" of a homemaker's work inside the home is not easily
measured by a dollar amount, and would only be compensated through non-economic
damages.
In Tennessee, these damages have been limited by the new tort reform bill
passed in 2011, to $750,000 for all injuries and occurrences that allegedly
caused the plaintiffs injuries or death. No matter what the plaintiff suffered
during the course of the injury or death - no matter what the family of the
plaintiff went through or how hard life will be on them going forward - this is
the most they can recover, with one exception. See T.C.A. § 29-39-102.
The lawmakers in Tennessee decided that if the plaintiff suffered
"catastrophic loss or injury, then they could recover up to $1 million
dollars. Catastrophic loss or injury, according to our legislature, is limited
to spinal cord injury resulting in paraplegia or quadriplegia, amputation of
two hands, feet or one of each, third degree burns over 40% or more of the body
as a whole, or third degree burns over 40% of the face, wrongful death of a
parent leaving a surviving child or children.
That is it. So, if you are confined to a wheelchair, lost body parts, or
have such severe burns that you will be scarred forever, then, you can get an extra
$250,000. Isn't it nice to know what the legislature and the Govenor think you
body parts are worth?
Why did they do this do us? For economic development, of course. It is so
that corporations will know the possible risks they face if they open up shop
here. So, if a car company opens a plant and makes a car that blows up when hit
from behind at low speed and you and your kids are burned on 35% of your body,
you can't get more than $750,000 in pain and suffering and other non-economic
damages. Look up the Pinto case that Ford had to deal with and see how a jury
treated them. They gave much more to the injured parties because they needed it
- it was justice.
Well, big companies don't want you to have justice. Their lobbyists came in,
bought your conservative legislature. Sold them on the notion that tort reform
equals profits and got this unconstitutional legislation passed.
In response to the decisions like that of the Missouri Court, legislators in
Tennessee are trying to get an amendment passed to the Tennessee Constitution
declaring caps constitutional. If they do that, they will limit your rights
forever. But, they don't care, because they honestly think they are helping -
or at least, helping themselves. But, this short sighted approach will roll back
the hands of time to when corporations had a total disregard for public and
employee safety.
We must not let this happen.
If you have been injured by a product, or if you have suffered an injury at
work, in an automobile accident, or in a public place, contact Attorney Bob
Vogel right away at 865-357-1949 at the
Vogel
Law Firm or email him at 865-357-1949.
At the
Vogel Law Firm, we fight
for your rights.
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