Tag archive: watts

The Ever-Changing Caps on Non-Economic Damages for Medical Malpractice Cases in Missouri

From the inception of an initial pleading until the final word of closing arguments, attorneys constantly assess, reassess, and re-reassess the “value” of their case based on each new piece of information that is introduced. While the term “value” can have any number of meanings (final ownership of a patent, full custody of a child,…

Lewellen v. Franklin: Missouri Supreme Court Holds Statutory Cap on Punitive Damages Unconstitutional

On September 9, 2014, the Missouri Supreme Court unanimously struck down the State’s punitive damage cap in Lewellen v. Franklin, 2014 WL 4425202 (Mo. banc Sept. 9, 2014). The plaintiff in Lewellen was a 77-year-old widow with less than $1,000 of monthly income who contracted to purchase a vehicle with National Auto Sales North’s (“National”)…

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