West Virginia Court Upholds Constitutionality of Non-Economic Damage Caps

In 2003, as part of tort reform, West Virginia enacted damage caps of $250,000 for non-economic damages (damages for pain and suffering).  This award increases to $500,000 for certain cases like wrongful death, loss limb).  Recently, a claimant appealed a ruling that granted him damages based on this law.  During this appeal, the claimant argued that this law violated equal protection laws granted by the constitution.  The court denied the appeal, upholding the law as constitutional.  This ruling sets a precedent for other states, upholding the constitutionality of the caps.

For more information, see the following links:

W.Va. Supreme Court OKs State's Cap for Non-Economic Damages in Case
http://statejournal.com/story.cfm?func=viewstory&storyid=102008

West Virginia High Court Upholds Noneconomic Damages Cap

http://www.ama-assn.org/amednews/2011/07/04/prsb0704.htm