Wednesday, April 27, 2016

Caps Avoided

The Mississippi Court of Appeals decided Brooks et. al.  v. Glover et. al located here.  The issue of the constitutionality of the tort caps in Mississippi was avoided since the appellate court found reversible errors and remanded the case for a new trial.  The main reversible error was the trial court's failure to give an independent medical exam (IME) to the defense.  We had virtually no law on this area until now.  The language in the opinion is so broad though that it almost goes to the extreme of if the defense wants an IME, they are entitled to one.  I really hope this case goes up on certiorari. 

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