Maryland’s civil suit damages cap has been a hot topic
recently after Maryland’s Court of Appeals ruled that the lower court in Espina v. Jackson correctly reduced the
jury’s award of $11.5 million to $400,000 ($200,000 for wrongful death and
$200,000 for injuries suffered). A new
bill that would double the cap that local governments would pay to
plaintiffs in civil suits ($200,000 increased to $500,000 for individual claims
and $500,000 increased to $1 million for total awards from a single case). House Bill 113, the House version of the
bill, passed last month. This week, the
Senate Judicial Proceedings Committee backed the bill and it could go to a vote
before this year’s session is over.
Proponents
of the bill make the same argument that Espina’s attorneys made in the Court of
Appeals: “the current law is outdated and those who have been wronged by the
government should receive a proper remedy.”
Those opposing the bill argue that by increasing the cap, local
government budgets could be “strained” by “frivolous lawsuits.” It is interesting to note that the current
cap has been in place for 27 years without a single increase.
Espina
and her attorney testified in favor of House Bill 113 in a recent Senate
Committee hearing. When the cap was
initially created in the 1980s, the purpose was to make sure cities were not
being bankrupted in “suits involving civil rights.” Today, society has changed since the 1980s,
and victims of police brutality and other incidents involving state employees
deserve adequate compensation and offenders need to be held more accountable
for their actions.
With
the Court of Appeals’ holding coming out just weeks ago upholding Maryland’s
cap on damages in civil suits, it appears more difficult for this bill or any
similar bill to pass in this year’s session.
But, it will still be interesting to see what, if anything, happens with
House Bill 113 or the Senate version of the bill.
If
you or a loved one has been injured or killed as a result of the negligence of
a local government employee and would like to schedule an appointment at one of
our office locations throughout Maryland to meet with one of our attorneys for
a free case evaluation, please call us at (301) 854-9000 or visit us online at:
http://www.portnerandshure.com/Personal-Injury/
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