Friday, September 3, 2010

Video that will change the way you think: Nestlehutt

And the opinion here:

From the opinion:

Because the amount of damages sustained by a plaintiff is ordinarily an issue of fact, this has been the rule from the beginning of trial by jury. See Charles T. McCormick, Handbook
on the Law of Damages § 6, p. 24 (1935).

The determination of damages rests “‘peculiarly within the province of the jury.’” (Citation omitted.) Dimick v. Schiedt, 293 U. S. 474, 480 (3) (55 SC 296, 79 LE 603) (1935).

We conclude that the noneconomic damages caps in OCGA § 51-13-1 violate the right to a jury trial as guaranteed under the Georgia Constitution.8
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