Tennessee Supreme Court Holds Damage Cap on Noneconomic Damages Limits Recovery

Author: William Johnson

Guest Editor: Grace Shuman

October 29, 2021 9:00am

Noneconomic damages often make up a large portion of Nuclear Verdicts™.  Defense attorneys will be happy to know there is a new interpretation of “damage cap” at play in Tennessee after the ruling in Yebuah v. Ctr. for Urological Treatment, PLC.[i]  The Tennessee Supreme Court’s ruling is a small step in the right direction for the defense.  In the case, the court reviewed whether the statutory cap on noneconomic damages applies separately to a spouse’s loss of consortium claim pursuant to Tennessee Code Annotated section 29-39-102, thus allowing each plaintiff to receive an award of up to $750,000 in noneconomic damages.

Copyright © 2001–2022 Tyson & Mendes LLP. All Rights Reserved. Website by Big Behavior.