Chattanooga judge says cap on damages is unconstitutional - WRCBtv.com | Chattanooga News, Weather & Sports

Chattanooga judge says cap on damages is unconstitutional

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NASHVILLE, Tenn. (AP) - A Chattanooga judge has ruled that a state law that caps the amount of money someone can win in a personal injury lawsuit for noneconomic damages is unconstitutional.

The Times Free Press (http://bit.ly/1C068wx ) reports that on Monday, Hamilton County Circuit Judge W. Neil Thomas issued the order that is sure to set off a round of appeals and controversy.

In 2011, the state Legislature at the urging of Gov. Bill Halsam limited the amount of money that can be won in personal injury lawsuits. Noneconomic damages include pain and suffering, disfigurement or scarring and loss of enjoyment of life. The cap for noneconomic damages is $750,000 in most cases.

The ruling was issued in a case involving AT&T.

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