Legal Opinion
Theresa Davis v. Dr. Akin Omitowoju, Theresa Davis v. Dr. Akin Omitowoju
Court of Appeals for the Third Circuit
Decided August 16, 1989No. 88-3754, 88-3802PublishedCited by 87 opinions
1Opinion of the Court
OPINION OF THE COURT
GARTH, Circuit Judge:
This appeal and cross appeal present us with a relatively new issue involving the applicability of the Seventh Amendment to a medical malpractice liability cap.
The plaintiff, Theresa Davis, (“Davis”) obtained a jury verdict in her favor and against Doctor Akin Omitowoju (“Doctor”) in the sum of $640,000. The Virgin Islands legislature in 1975 capped medical malpractice verdicts at $250,000 for non-economic damages. 27 V.I.C. § 166b (1975). 1 Accordingly, Judge Christian, on June 14, 1988, reduced the verdict in Davis’ favor to $250,000 for her…
2Cases cited30 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Linkletter v. WalkerSupreme Court of the United States · 1965
- Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
- Tull v. United StatesSupreme Court of the United States · 1987
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
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3Cited by87 opinions
- Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
- Best v. Taylor MacHine WorksIllinois Supreme Court · 1997
- United States v. McGloryCourt of Appeals for the Third Circuit · 1992
- Murphy v. EdmondsCourt of Appeals of Maryland · 1992
- Samsel v. Wheeler Transport Services, Inc.Supreme Court of Kansas · 1990
82 more not listed; retrieve them via the Exa API.