Thursday, October 15, 2009
Maryland Ct of Appeals to review constitutionality of damages cap
About a month ago I reported that the Georgia Supreme Court was going to review the validity of the state's cap on damages in med mal cases (here). Now comes news that the Maryland Court of Appeals will hear an appeal that challenges the constitutionality of a damage cap that limits the amount of compensation plaintiffs can be awarded for non-economic damages in personal injury lawsuits. The cap has survived several challenges in the past. The Maryland damage cap was established in 1986, and specifies that a jury’s award for non-economic damages cannot exceed an amount that increases modestly every year. Interestingly, when awarding damages in Maryland lawsuits, jurors are not informed about the cap. Go here for the full story.