Learmonth v. Sears, Roebuck & Co., No. 09-60651

Non-Economic Damages Issue Certified

In Learmonth v. Sears, Roebuck & Co., No. 09-60651, an action claiming that defendant department store caused plaintiff injuries in an automobile accident, the Fifth Circuit certified the following question to the Supreme Court of Mississippi: "Is Section 11-1-60(2) of the Mississippi Code, which generally limits non-economic damages to $1 million in civil cases, constitutional?"

As the court wrote:  "A jury found Sears, Roebuck and Company liable for causing Lisa Learmonth's injuries in an automobile accident and awarded her $4 million in compensatory damages. The district court denied Sears' motion for a new trial, but remitted the non-economic damages portion of the award to $1 million pursuant to Mississippi's statutory cap on non-economic damages. Sears appeals the district court's denial of its motion for new trial; Learmonth cross-appeals the constitutionality of the Mississippi statutory cap."

Related Resources

• Read the Fifth Circuit's Decision in Learmonth v. Sears, Roebuck & Co., No. 09-60651