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DRD Pool Services v. Freed

Date: August 11, 2011

Maryland Court of Appeals VICTORY!

The Maryland court will review the constitutionality of the state's general noneconomic damages cap, which currently is set at $725,000, which applies in personal injury cases.  The case involves a 5-year old who drowned in a swimming pool made by the defendant pool services company.  The trial court jury awarded each of the child's parents more than $2 million, which would be reduced by the cap.  The plaintiffs challenged the validity of the cap. 

Status:  DECIDED.  Amicus brief filed in support of defendant on 1/15/10.  Court ruled on 09/24/10 that the damages cap was not unconstitutional.

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