Mississippi injury case seeks to overturn the tort reform caps on non-economic damages
A recent Mississippi case on appeal got the attention of Governor Haley Barbour. The issue is the constitutionality of Mississippi Code, Section 11-1-60(2) which states:
(2) (a) In any cause of action filed on or after September 1, 2004, for injury based on malpractice or breach of standard of care against a provider of health care, including institutions for the aged or infirm, in the event the trier of fact finds the defendant liable, they shall not award the plaintiff more than Five Hundred Thousand Dollars ($500,000.00) for noneconomic damages.(b) In any civil action filed on or after September 1, 2004, other than those actions described in paragraph (a) of this subsection, in the event the trier of fact finds the defendant liable, they shall not award the plaintiff more than One Million Dollars ($1,000,000.00) for noneconomic damages.
The case involves Ronnie Lee Lymas who was shot leaving a store in Belzoni. He sued Double Quick, Inc. due to the inadequate security for its customers. A jury awarded Lymas actual damages of approximately $4 million dollars. However, the judge reduced the non-economic damages to $1 million dollars due to the statute above.
For the first time since taking office, Governor Barbour filed an amicus brief with the Mississippi Supreme Court asking the Court to uphold the constitutionality of the cap on damages. You can be assured other amicus briefs will be filed on both sides of the issue and a decision will not be coming anytime soon.
