Mississippi Judge Declares Damages Cap Unconstitutional

A state judge in Mississippi’s Coahoma County has declared a legislatively imposed cap on non-economic damages unconstitutional.

Circuit Judge Charles Webster issued the ruling April 20 in a 14-page opinion. He criticized the Legislature for intruding into judicial authority.

Webster’s ruling came in a motion filed by Cleveland attorney Ralph E. Chapman in lawsuit seeking damages stemming from the death of a child in an apartment complex fire.

A Coahoma jury in September returned a verdict for the plaintiffs that included $6 million in non-economic damages. State law that went into effect in 2004 limits awards for non-economic damages to $1 million.

Chapman said that the plaintiffs sought the ruling on grounds the cap is unconstitutional.

The Mississippi Supreme Court is expected to get the case. It has also been asked to rule on the damages cap by another court.