Georgia Supreme Court Strikes Down Noneconomic Damage Caps: Tort Reform Limits Held to Infringe Right to Jury Trial

In the final installment of three recent decisions by the Georgia Supreme Court regarding the constitutionality of tort reform measures passed by the General Assembly in 2005, the state’s high court struck down a cap on noneconomic damages (e.g., pain and suffering) in medical malpractice cases, declaring the cap to be a violation of the right to jury trial provided for by the Georgia Constitution.

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