On October 16, 2015, the Tennessee Supreme Court issued a per curiam order vacating the Hamilton County Circuit Court judgment in Clark v. Cain ruling Tennessee's cap on non-economic damages unconstitutional under the due process, equal protection and "right to jury trial" provisions of the Tennessee Constitution. The Tennessee Supreme Court held that the trial court acted prematurely in considering the constitutionality of the cap statute in the tort action as the issue was not ripe for consideration in the absence of a plaintiff's verdict exceeding the cap. The court followed the rationale adopted by U.S. District Court Judge Kevin Sharp holding the plaintiff's claim that the caps on non-economic and punitive damages were unconstitutional was not ripe for consideration in the absence of a verdict exceeding one or both of the caps in Gummo v. Ward, 2:12-cv-00060.
Dan Berexa
Nashville, Tennessee
