Missouri Court Rules for Unlimited Liability Payouts

[WSJ Law Blog]

The Missouri Supreme Court has struck down caps on payouts in liability lawsuits, ruling that limits on damages violates the right to a trial by jury guaranteed by the state's constitution.



The court found that a 2005 Missouri law that capped non-economic damages at $350,000 in medical malpractice cases is unconstitutional, the AP said. The court’s majority opinion said “the right to trial by jury… is not subject to legislative limits on damages.” Non-economic damages are generally paid out to compensate for pain and suffering.

The case in question centered on a medical malpractice lawsuit filed against a medical center and doctors by a woman whose son was born with catastrophic brain injuries, according to court documents.

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