Tennessee Supreme Court overturns personal injury damage cap ruling
Posted on Wednesday, November 4th, 2015
The Tennessee Supreme Court has recently overturned a decision made by a Hamilton County trial court that determined a state law placing a cap on non-economic personal injury damage settlements is unconstitutional.
The Supreme Court’s ruling centered on more technical grounds of the trial court’s decision rather than speaking to the constitutionality of the cap.
The Hamilton County trial court ruling came in response to a lawsuit filed by Donald and Beverly Clark after Donald was hurt in an automobile accident; the couple sought a constitutionality ruling on the state law that puts the ceiling of non-economic damages at $750,000 for certain personal injury cases. The trial court deemed the cap unconstitutional after the defendant filed a summary judgment. This decision was overturned after the high court determined that the trial court’s consideration of the motion for summary judgement was premature.
Being hurt in an accident in Tennessee can be traumatizing and debilitating no matter what the circumstances are. In such cases, our attorneys at Pohl & Berk, LLP are here to provide legal help. To discuss your case with an attorney today, call our office at (615) 277-2765.