About a month ago, I lamented the fact that 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 was defeated. As I said back then, 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. (For my coverage of the process leading to the vote on the proposition, go here, here, here, here and here.)
However, just a week or two later it was reported that the California Supreme Court has agreed to review the Constitutionality of the same damages cap at issue in the proposition. Go here for the story. This means it is possible the cap will be invalidated entirely which would be beyond what Proposition 46 actually proposed. Obviously, though, if this happens the legislature probably would work out a new cap.
The question remains whether the new cap would increase the limits. But let's not get ahead of ourselves. First we have to wait and see what the Supreme Court says. Stay tuned....
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