Court of Appeals says Mississippi's cap on personal injury cases - MSNewsNow.com - Jackson, MS

Court of Appeals says Mississippi's cap on personal injury cases legal

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A federal appeals court panel rejected a constitutional challenge to Mississippi's cap on non-economic damages.

The Fifth Circuit U.S. Court of Appeals panel says Mississippi's $1 million non-economic damages limit in personal injury cases is legal.

Those damages would be payment for things such as pain and suffering or emotional distress.

The issue came up when a woman sued Sears and Roebuck Company after a collision with one of the company's vans near Philadelphia.

While the ruling is significant, a local lawyer says the fight may not be over.

"Right now it's an advisory opinion to the Mississippi Supreme Court. They can choose to follow that opinion or they can choose, I believe the issue is coming back up before the Mississippi Supreme Court directly. So, they'll have to address it head on at some point," said attorney Johnny Givens.

The three judge panel ruling means there will be no change to Mississippi's law, at this point, and the case could eventually go before the entire Fifth Circuit Court of Appeals.

 

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