Eleventh Circuit Reverses District Court on Application of Noneconomic Damages Cap

more+
less-

Yesterday, the Eleventh Circuit issued an order in Estate of McCall v. USA reversing the district court’s order applying the noneconomic damages cap. The Eleventh Circuit remanded the case for further proceedings consistent with the Florida Supreme Court’s opinion in the case, and with the Eleventh Circuit’s previous opinion. In its order, the Eleventh Circuit noted that the Florida Supreme Court’s decision only applied to wrongful death cases.

The underlying case in McCall involved a wrongful death suit filed under the Federal Tort Claims Act. The district court determined noneconomic losses from the death to be $2 million, comprised of $500,000 for the son and $750,000 for each parent.

Under section 766.118(2), Florida Statutes, the aggregate cap served to limit the parents’ and son’s recovery to $1 million. Given the Florida Supreme Court’s ruling that the aggregate cap is unconstitutional, the district court will have to decide whether to apply the per person cap of $500,000 under section 766.118(2)(a) to limit each survivor’s recovery to $500,000 each.

 

Topics:  Damage Caps, Tort Claims Act, Wrongful Death

Published In: Civil Procedure Updates, Civil Remedies Updates, Constitutional Law Updates, Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Carlton Fields Jorden Burt | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »