Lucas v. United States

I respectfully dissent. I would hold that the $500,000 cap on non-medical damages, TEX.REV.CIV.STAT. art. 4590i, § 11.02, does not violate any provision of the Texas Constitution. I would further hold that the cap operates to limit the liability of each defendant rather than the recovery of each plaintiff.

I. CONSTITUTIONALITY

This case comes to hs- upon certification of questions of law. by the United States Court of Appeals for the Fifth Circuit. TEX. CONST, art. V, § 3-c. The parties to the federal court case have filed briefs and presented oral argument before this court. The parties have…