Thinking About Tort Reform: Caps on Damages

In recent years, many state legislatures have passed caps on damages. The language used  is “tort reform,” but with the reform comes controversy. Some states have held damages on caps are constitutional. See, for example, the decision of the Alaska Supreme Court in Evans ex rel Kutch v. State, 56 P3rd 1046 (2002). Others states, such as Wisconsin, have held caps violate equal protection. See Ferdon ex rel Petrecelli v. Wisconsin Patients Com. Fund. 701 NW2nd 440 (2005).  The Supreme Court of Ohio has joined those states finding caps are constitutional in a brutal case involving a girl who was raped by her minister. The Columbus Dispatch


Related: Here’s the decision:  OHIO SUPREME COURT


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