Atlanta Oculoplastic v. Nestlehutt

Summary

Oral argument before the Georgia Supreme Court appealing a trial court's declaring unconstitutional Georgia's statutory cap on non-economic damages (pain and suffering) in medical malpractice lawsuits.

The trial court ruled that a limit or cap on non-economic damages, invades the right to a jury trial by usurping one of the fact-finding responsibilities of the jury. The statute automatically and arbitrarily reduces the verdict, without consideration of the evidence, the record, or any other fact produced at trial and found by the jury.

https://docs.google.com/a/email.wm.edu/viewer?url=http://www.gasupreme.us/sc-op/pdf/s09a1432.pdf&pli=1

The Georgia Supreme Court unanimously struck down the damage caps.