Quinichett v. Waggy's Towing, L.L.C.

By Judge Craig D. Johnston

This letter addresses the motion by Defendants to apply the Maryland non-economic cap on damages in a wrongful death suit. The parties agreed in argument that no further facts are required to decide the Motion and that the substantive law of Maryland applies. The issue is whether the Maryland cap on non-economic damages is substantive or procedural.

Summary of Decision

I deny Defendants’ Motion to apply the Maryland cap on non-economic damages. I find that the cap is procedural and according to Virginia’s well-settled conflict of law rules, lexfori governs the…