TN Supreme Court vacates Trial Court’s Ruling that Tort Reform is Unconstitutional and leaves the issue unresolved
According to the ruling, the Tennessee Supreme Court decided to set aside the decision made last March by Hamilton County Judge, Neil Thomas, who ruled a 2011 state law, which was a “tort reform” initiative of Republican Gov. Bill Haslam, capping certain personal injury damages at $750,000 is unconstitutional. Judge Thomas had issued a well reasoned decision explaining how the law violates Tennessee’s Constitutional Right to have a jury decided all issues at trial. Regardless, the Supreme Court set the decision aside because they stated that the case did not proceed far enough yet to warrant such a ruling. A move that will simply delay a ruling that will have to be decided at some point.
The defendant filed a motion for partial summary judgment and the judge ruled that the cap was unconstitutional even though no decision had been made yet by the jury about the liability or the amount of damages that would be awarded. In his ruling, Judge Thomas reasoned that the state doesn’t have a constitutional right to cap non-economic damages, which he stated should be called “pain and suffering damages,” that are paid to plaintiffs. In a rebuke of the law, Thomas called it an affront to juries, which he stated should be able to award damages as they see fit.
The justices noted that they had dealt with a similar issue of “justiciability and ripeness” last summer in a criminal case. “Ripeness” refers to a court questioning whether or not a case or dispute has proceeded far enough that a judicial decision is needed. The justices stated that, “Ripeness is peculiarly a question of timing. Its basic rationale is to prevent the courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements.”
Justices vacated Thomas’ ruling and remanded the case back to the trial court.
If you or someone you care about has been injured in an automobile or another type of accident and you are concerned about how this decision could affect the amount of damages that you could receive or if you want to know if you are eligible for compensation, you should contact one of our compassionate and experienced personal injury lawyers at the Higgins Firm. We will help you determine how this may affect your case. We will also help you to get any compensation that may be rightfully yours for what you and your loved ones have been through.
Please contact us today online or by calling 800.705.2121 to discuss your legal options.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
