The appellant challenges the application of Mississippi's statutory cap on non-economic damages. The appellant has not shown that the statute is in palpable conflict with the exclusive right of a jury to find the amount of compensatory damages, or that the common law jury guarantee includes the right to a judgment equal to the jury's damages finding notwithstanding the permissible legal remedy. The appellant failed to establish beyond a reasonable doubt that the statute violates Mississippi's constitutional separation of powers. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 09-60651, 2-27-2013
Learmonth v. Sears, Roebuck and Co.
March 4, 2013