Jodi McClay v. Airport Management Services, LLC - Concurring

Case Number
M2019-00511-SC-R23-CV

I join fully in the majority’s conclusion that the statutory cap on noneconomic damages enacted by our legislature does not violate either the separation of powers clause or the equal protection clause in the Tennessee Constitution. A much closer question is presented on whether the statutory cap violates the clause in the Tennessee Constitution guaranteeing a right to trial by jury. I agree with the majority’s analysis and conclusion on this issue but write separately to further explain my reasoning. 

Authoring Judge
Justice Holly Kirby
Originating Judge
Judge Eli Richardson
Case Name
Jodi McClay v. Airport Management Services, LLC - Concurring
Date Filed
Dissent or Concur
This is a dissenting opinion
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