This Note argues that the Watts decision appropriately invalidated the statutory limits on economic damages, finding non-economic caps on damages unconstitutional. Part II of this Note analyzes the facts and holding of Watts. Part III examines previous constitutional challenges to Missouri Revised Statutes chapter 538 and how the court interpreted constitutional language to reach its decision. Next, Part IV explains the court’s rationale in Watts. Last, Part V explains why the court was correct in declaring noneconomic damage caps unconstitutional and explores the policy issues behind statutory limitations on damages.
Constitutionality of Caps: Upholding Missouri's Right to Jury Trial and the Non-Economic Damages Debate, The,
78 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol78/iss2/12