While the future of damage caps in our state may soon be decided by the Mississippi Supreme Court when they announce their ruling in the case of Sears v. Learmonth, an interesting decision issued by Circuit Judge Charles Webster of Coahoma County provides an insightful perspective on why damage caps in tort cases may be unconstitutional. Judge Webster focuses not on the nature of the existing damage caps in Mississippi but on the implications for the power of the legislature to effectively eliminate the judiciary in Mississippi if damage caps imposed by the legislature are lawful.
Mississippi currently has a one million dollar damage cap on non-economic damages, such as pain and suffering and impaired quality of life. The Mississippi legislature has followed the example of other states in enacting caps on damages to prevent the supposed negative impact of out of control juries that award excessive verdicts. The problem with this reasoning is that while a million dollars may sound like a lot of money to some; it is woefully inadequate for a victim who suffers quadriplegia or permanent severe brain damage. One would be hard pressed to find an accident victim who would take a million dollars for a lifetime of being unable to using one’s extremities or being unable to take care of one’s own basic needs.
Judge Webster’s take on the constitutionality of damage caps seems well reasoned and hopefully will serve as a pre-cursor for the Mississippi Supreme Court’s ruling. Judge Webster reasoned that either the legislature has the power to set damage caps or it does not have this power. The reasonableness of the cap in terms of the type of damages and amount of the cap is irrelevant provided the legislature has the power to establish the caps in the first place. Judge Webster points out that if the legislature has the power to set damage limits for the judicial system then it may also set those limits lower than a million dollars and may establish caps on economic as well as non-economic damages.
The implication of Judge Webster’s ruling is that a legislature empowered to limit the damages awarded by courts could also set those limits at zero dollars and have the limit apply to economic damages, such as medical expenses, lost income and property damage. Judge Webster reasons that if the legislature has the ability to set damage cap limitations it also has the ability to completely pre-empt judges of any ability to compensate victims of negligent conduct. Because the decision in Sears v. Learmonth has been pending for some time, it is unlikely that Judge Webster’s ruling will play a role in our state supreme court’s ruling but can hope that our highest court’s ruling will be as well reasoned so that injury victims can again be fully compensated, and those who cause injury will be forced to bear the full cost of their wrongful conduct.
