Personal injury case pending before 5th Circuit
Wednesday, November 14, 2012 12:30 AM
JACKSON - Resolution of a long-running Mississippi personal injury lawsuit from Neshboa County 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 into 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'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.
A jury found Sears, Roebuck and Company liable for causing Learmonth's injuries in an automobile accident. She was awarded $4 million in damages.
The suit claimed that Sears employee James McClelland was driving a company van that ran a stop sign and collided with her vehicle at the intersection of Mississippi 15 and Mississippi 485 in Neshoba County causing her serious injury.