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Jury should decide damages
However, Judge W. Neil Thomas believed the jury should be able to decide damages as it saw fit. Additionally, the damage cap partially infringed upon an individual’s fundamental right to a jury trial.
Judge Thomas’ historical analysis found damages as an essential part of a tort action and attempts to limit the jury’s version of a damages award infringes on the right to a jury trial.
When a fundamental right is at issue the state must meet the heightened burden showing the state had a compelling interest, which outweighed the individual’s interest. The judge stated, Tennessee’s interest was purely economic.
There were no justifications for the number $750,000 and it was never mentioned as an appropriate figure in the state regulation.
The state could not prove there was viable support to conclude that caps on non-economic damages were necessary to aid economic development. Judge Thomas denied AT&T’s motion for summary judgment.
Striking down statutory damage caps
In recent years, several state Supreme Courts including Florida, Missouri, and Illinois have struck down statutory damage caps. [find another story we’ve published]
Timesfreepress.com reported that some Tennessee leaders were stunned by the recent decision and will be interested to see how the Tennessee Supreme Court reacts to the verdict.
This case is Clark vs. Cain, et. al., Case No. 12C1147, Circuit Court of Hamilton County, Tennessee Division IV.
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