In a long awaited decision by the Florida Supreme Court, Estate of Michelle Evette McCall v. U.S., No. SC11-1148, the damages cap provided in the Tort Reform law from a few years back was ruled illegal as it violated the Equal Protection Clause of the Florida Constitution.
Although this opinion is limited to wrongful death noneconomic damages, it is likely that some trial courts will apply this Court’s reasoning to personal injury medical malpractice cases as well.
Because of the limits for noneconomic damages, it became cost prohibitive for plaintiff’s personal injury lawyers to seek relief for someone too young or too old to work. Why should those persons be entitled to any less than someone fully employed?