5th Circuit Affirms $2.8 Million Verdict and Certifies Issue of Constitutionality of Non-Economic Caps to Miss. Supreme Court
On Wednesday the 5th Circuit Court of Appeals affirmed a jury verdict of $2.8 million in Learmonth vs. Sears, Roebuck and Co. The Court also certified the issue of the constitutionality of Mississippi's caps on non-economic damages to the Mississippi Supreme Court.
The case was based on an auto accident between plaintiff's car and a Sears van. Plaintiff suffered a brain injury and numerous broken bones.
The case was tried in Jackson in November 2008. [Correction: it was an Eastern Division case and the trial was in Meridian]. The jury awarded the Plaintiff $4 million, of which $2.2 million was non-economic damages. The trial court reduced the non-economic award to $1 million due to the non-economic damages cap.
Plaintiff asked the Court to certify the cap issue to the Mississippi Supreme Court. Sears initially opposed the request due to the Lymas v. Doublequick case. But Sears withdrew its objection after the Court did not reach the cap issue in that case. The current version of the 5th Circuit opinion mistakenly says that Sears requested certification and the Plaintiff initially opposed it. The opposite is true.
Kevin Hamilton and the Hamilton Law Firm in Jackson represented the Plaintiff. Gray Laird of Page Kruger represented Sears at trial. Greenberg Traurig represented Sears on appeal.
Judge Tom Lee was the trial judge.
I will have commentary on this case later—probably early next week.
This is going to be a tough one to call. Despite the conservative leanings of the current court (no alliteration intended), I don't think the justices are decidedly in favor of the caps, based on the questioning from Double-Quik v. Lymas. Still, you know there's going to be a ton of political pressure on them to affirm the caps, especially if Barbour is still in office when the ruling comes down. Can't wait to read the upcoming amicus briefs on this one.
It's a good case for them to strike the caps -- a 19-year-old found likely to suffer terrible pain for the next 60+ years.
I have however speculated that the MSSC might be Machiavellian enough to deny the certification, force the 5th to make an Erie guess, and then see what they think of the result. Particularly if politics are a factor, that gives them something to hide behind.
I doubt any politics matter though, other than the politics on the Court itself.
Bubba Pierce helped draft the tort reform legislation, correct? There's one vote...
Recusal!
Anyone catch the learned, in-depth article in the Clarion-Ledger today that made the bold pronouncement that non-economic damages are also known as punitive damages?
That was an AP story, Anon, so for once we can't blame the illiterates at the C-L.