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VOL. 39 | NO. 42 | Friday, October 16, 2015
Tennessee Supreme Court vacates trial court ruling on damage caps
NASHVILLE (AP) - The Tennessee Supreme Court has vacated a Hamilton County trial court's ruling that a state law capping certain personal injury damages is unconstitutional.
The high court's decision did not consider the constitutionality of the cap, but overturned the lower court on more technical grounds.
The case is a negligence lawsuit by Donald and Beverly Clark following an automobile accident that injured Donald Clark. In the suit, the couple sought a ruling on the constitutionality of the law that caps non-economic damages at $750,000 for certain personal injury cases.
After the defendant filed a motion for summary judgment, the trial judge ruled that the cap was unconstitutional.
The Supreme Court found the trial court acted prematurely in considering the motion for summary judgment.