Personal Injury Case Pending before 5th Circuit

By: The Associated Press
By: The Associated Press

Resolution of a long-running Mississippi personal injury lawsuit that challenges the constitutionality of a portion of the state's tort laws is not expected before next year.

The lawsuit, first filed in the federal court in 2006, contends Mississippi's $1 million cap on non-economic damages is unfair.

The cap was put in place a decade-ago amid complaints that Mississippi was a "judicial hellhole" because of multimillion dollar verdicts in damage lawsuits.

In October, the 5th U.S. Circuit of Appeals in New Orleans told attorneys for Lisa Learmonth and Sears Roebuck and Co. that briefs in the case were old and it wanted new ones filed.

Learmonth claimed she was injured in a collision with a Sears van near Philadelphia, Miss., in 2005.

Learmonth's attorneys have a Monday deadline to file. Sears has a deadline of Dec. 3 to file a response.

Neither side expects a decision this year.


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