North Broward Hospital District, etc. v. Susan Kalitan

Just as I dissented to the erroneous plurality and concurring in result decisions in Estate of McCall v. United States, 134 So.3d 894 (Fla. 2014), I dissent to the majority’s decision in this case. The majority continues to disregard our precedent’s rational basis standard as well as the Legislature’s policymaking role in our constitutional system. Under a proper rational basis analysis, the cap on noneconomic damages in section 766.118, Florida Statutes, easily passes constitutional muster.

The Florida Constitution guarantees that “[a]ll natural persons, female and male alike, are equal…