TN SUPREME COURT UPHOLDS DAMAGES CAP

In a February 26, 2020 decision, the Tennessee Supreme Court held that Tennessee’s statutory cap on noneconomic damages in civil cases does not violate the Tennessee Constitution.  A majority of the Supreme Court held that the statutory cap on noneconomic damages (pain and suffering, loss of enjoyment of life, loss of consortium) does not violate a plaintiff’s right to a trial by jury. The Court also held that the cap does not interfere with the courts’ authority to apply and interpret the law and does not violate the equal protection provision of the Tennessee Constitution. The cap on noneconomic damages is set at $750,000. In limited cases, it can be raised to $1,000,000.

Two Justices- Connie Clark and Sharon Lee- dissented. Justice Lee stated that the cap renders a jury's verdict for noneconomic damages meaningless when the verdict exceeds the cap.  The cap on noneconomic damages takes away the right under the Tennessee Constitution for a jury to decide both the type and the amount of damages awarded at trial.  Justice Lee's dissenting opinion also explains that Tennessee does not have a problem with "runaway juries". She uses real-life examples to point out that the cap affects only the most seriously injured victims.

This decision- which upholds legislation enacted by our lawmakers- does not serve the citizens of Tennessee well. The recoveries of people who suffer catastrophic injuries at the hands of negligent or reckless companies or individuals should not be limited by an arbitrary damages cap. And by ‘catastrophic’ injuries, we are talking about those limited and rare cases where an individual suffers truly life altering injuries (paralysis, amputation, severe burns) or death. By retaining the damages cap, these victims and their families are precluded from securing the full compensation they otherwise would have been entitled to. This is not justice.