The Mississippi Supreme Court says it does not have enough information to decide whether the state's limit on non-economic damages, as applied to a federal lawsuit, is constitutional.
The 5th U.S. Circuit Court of Appeals in New Orleans asked the Mississippi court for an opinion.
The 5th Circuit is considering an appeal of a damage award against Sears, Roebuck and Co.
Lisa Learmonth filed suit after she was injured in a collision with a Sears van near Philadelphia, Miss., in 2005.
Mississippi Supreme Court Justice Michael Randolph said Thursday after an 8-1 ruling that the federal jury did not itemize the damage award. The Supreme Court justices, he said, could not separate economic damages from non-economic damages, which are capped under Mississippi law.
