Wednesday, September 29, 2010
3rd Challenge to Noneconomic Damage Cap Fails
Maryland’s Court of Appeals again upheld the constitutionality of our state’s cap on non-economic damages in a 6-1 decision last week. The decision marks the third time in the past year that the noneconomic damages cap has survived a challenge in the Court of Appeals. The Court ruled in DRD Pool Service, Inc. v. Thomas Freed, et al. that the cap did not interfere with the right to a jury trial, nor did it violate equal protection rights. The Maryland Chamber had participated in an amicus brief for the case because the cap serves to protect all Maryland businesses from unlimited exposure to jury awards for pain and suffering. See the Freed decision here (pdf).
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