A man shot outside a convenience store sued the store claiming it did not provide enough security. A judge reduced the subsequent jury verdict to $1 million for noneconomic damages (pain and suffering) in accordance with a recent Mississippi law limiting such damages to a maximum of $1 million. The constitutionality of that limit is on appeal in this case.
The NAM and many other business organizations filed an amicus brief arguing in favor of the cap. We explored the evolution and the skyrocketing rise of pain and suffering awards in the 1990's, particularly in Mississippi, and cited statistics showing that such awards total more than half of all tort damages. We also showed the positive results to the state's economy when noneconomic damages were capped by the legislature. The law carries a presumption of constitutionality, and the courts should not act as a "super legislature" to second-guess the tort policy decisions of the state's elected representatives.
On Sept. 23, 2010, the court avoided the issue of the constitutionality of the statutory cap, instead ruling that the plaintiff failed to prove that any negligent omission by the store caused the injury.