California Proposition 46 is defeated

I recently posted a few comments and links on the debate over California Proposition 46, an initiative to, among other things, raise the cap on pain and suffering damages, which has not been increased since it was adopted in 1975.  (Go here, here and here for previous posts.)

Today, I am sad to report that the proposition was defeated. This is bad new for consumers, victims of malpractice and, as usual, particularly bad for women, the poor, children and people with disabilities, all of whom are most affected by measures that limit recovery of non-economic damages.

Sad.