In Atlanta Oculoplastic Surgery v. Nestlehutt, the Georgia Supreme Court unanimously ruled that a statutory damage cap in medical malpractice cases was unconstitutional because it violated the right to a trial by jury.
CVN was there for the oral arguments.
Michael Terry, of Bondurant Mixon & Elmore, argued:
“For 200 years it’s been the exclusive province of the jury to set the damages in the first instance, based on the evidence in the case. It’s the exclusive province of the trial court to review the verdict for consistency with the evidence, and it’s the exclusive province of the appellate court to review the trial court’s decision.”