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3/23/2010
William K. Saron
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Caps on Damages Struck Down by Georgia Supreme Court

I don't do medical malpractice work, but I strongly oppose "caps" on damages of any kind.  I believe in the jury system, and the jury, after hearing all of the evidence, is in the best position to decide the value of a case. 

On Monday, the Georgia Supreme Court struck down a Georgia law that capped damages in medical malpractice cases.  The court held that the caps improperly removed a jury's fundamental role to determine the damages in a civil case.  "The very existence of the caps, in any amount, is violative of the right to trial by jury" Chief Justice Carol W. Hunstein wrote.

I could not agree more, and hope the Florida courts see it that way someday.

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