Clark v. Leigh

The Georgia Supreme Court reaffirmed that the right to trial by jury prohibits applying a noneconomic damages cap to pain and suffering and loss of consortium damages in medical malpractice actions, rejecting defense and amicus arguments in favor of overruling the precedent. The court also held, as a statutory interpretation matter, that the cap at issue could not be applied at all to a verdict that included such damages, regardless of whether the verdict also included damages to which the jury right allegedly did not attach.