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.