The Mississippi Supreme Court says it does not have enough information to decide whether the state’s limit on non-economic damages — as applied to a federal lawsuit — is constitutional.
The 5th U.S. Circuit Court of Appeals in New Orleans, which is considering an appeal of a damage award against Sears, Roebuck and Co., had asked the Mississippi high court for an opinion.
A federal jury in 2008 determined Sears was liable for injuries in a 2005 car wreck and awarded $4 million in damages but the panel did not itemize how much of the award was non-economic damages. Sears agreed $2.2 million was for non-economic damages. A federal judge reduced that part of the damages to $1 million.
But Mississippi Supreme Court Justice Michael Randolph said that the federal jury did not itemize the award and justices could not separate economic damages from non-economic damages, which are capped under Mississippi law.
Topics Mississippi
Was this article valuable?
Here are more articles you may enjoy.
Marsh McLennan Agency to Acquire The Horton Group 
The Battle Over J&J’s Bankruptcy Plan to End Talc Lawsuits 
Viewpoint: Deepfake Fraud Is On the Rise. Here’s How Insurers Can Respond 
AT&T Says Data From Around 109M Customer Accounts Illegally Downloaded From This Issue
