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Kia Franklin

Badddddd Court Decision…

Here you can find an article discussing the Ohio Supreme Court's recent ruling upholding damage caps in personal injury lawsuits. Among other concerns, one of the primary grounds for challenging the constitutionality of damage caps is that they limit a person's right to have a jury of his or her peers determine damages, one of the most important aspects of the lawsuit.

Justice Paul Pfeiffer said in his dissent:

"If a damage cap of $250,000 is constitutional — the majority opinion mentions the amount but never discusses it, apparently giving it no significance — why can’t the General Assembly limit damages for claims they do not favor to $100,000? Or $1,000? Or $10?... Under the court’s reasoning, there is nothing in the Ohio Constitution that restrains the General Assembly from limiting non-economic damages to $1... After today, what meaning is left in a litigant’s constitutional right to have a jury determine damages?"

Kia Franklin: Author Bio | Other Posts
Posted at 1:19 PM, Dec 29, 2007 in Supreme Court Rulings
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Comments

The Ohio Supreme Court gets one right

Note - there are no caps on economic damages just on the sort of unquantifiable damages trial lawyers use to pad their take. Admittedly no amount of money can replace a human life - but that makes 25 cents as adequate as 25 million dollars.

Focus on the quantifiable and the claimant will get an adequate award. Better yet, cap contingency fees at 15% and the claimants will get a fairer share of the monies they should be getting

Posted by: Paul W Dennis | January 2, 2008 12:22 AM