Federal Judge Issues Stay Pending Outcome of TSC Decision Regarding Cap on Non-Economic Damages - Articles

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Posted by: Jarod Word on Aug 29, 2019
A federal judge on Monday issued a stay on a judgment where a freight company was found responsible for the negligence of an employee that rear ended a woman's car, with a jury awarding her $2 million in non-economic damages. Tennessee Eastern District Judge Travis R. McDonough ordered the stay pending the outcome of Jodi McClay v. Airports Services Management, LLC, where the Tennessee Supreme Court will consider the issue of the state’s cap on these damages. This comes after a recent, similar case where Williamson County Circuit Court Judge Michael Binkley challenged the cap saying it appears to be unconstitutional, citing the Tennessee Constitution's declaration that "the right of trial by jury shall remain inviolate." McClay is set for the Supreme Court’s Sept. 4 docket.