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High Court Overturns Pillar of Former Gov. Blunt's Tort Reform

By: Missouri News Horizon
Updated: July 31, 2012

SPRINGFIELD, Mo. -- The Missouri Supreme Court has thrown out the state's cap on non-economic damage awards by juries.

In the case of a child born with catastrophic brain injuries at Cox Hospital in Springfield, the court ruled 4-3 that the 2005 state law that limits non-economic damage awards to $500,000 or five times compensatory damages -- whichever is greater -- violates the right to trial by jury.

Matt Blunt was governor when the legislature passed the cap, which was seen as the centerpiece of a sweeping lawsuit reform package. He says the ruling on what was referred to as "tort reform" will hurt the state's job climate.

"It really sends exactly the wrong message to job creators that are considering Missouri as a location to create jobs and expand economic opportunity."

Business lobbies large and small pushed for the restriction in 2005 saying it would be an economic development tool.

Blunt was a key supporter of the legislation during the 2004 and 2005 legislative sessions.

"The Supreme Court's decision to undo a key provision of that law is, I think, going to be harmful for doctors, and hospitals and nurses."

Comments

Blunt's knowledge of law is only slightly better than that of my goldfish.

My O. August 1, 2012 at 7:06 am



You've got your statutory sections confused. R.S.Mo. 538.210, at issue in this case, limits awards of noneconomic damages against health care providers to $350,000. It's not a punitive damages cap and isn't dependent on awards of other compensatory damages. The Missouri Supreme Court declared it unconstitutional for violating art. I, sec. 22(a) of the Missouri Constitution, guaranteeing the right to trial by jury.

Adam P. July 31, 2012 at 4:13 pm

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