Tennessee Tort Reform Bill Raises Questions About Juries

With the new tort reform bill soon to be signed by Governor Haslam, juries in Tennessee will now be limited in their ability to award compensation for “non-economic damages”, such as mental anguish, emotional distress, and loss of companionship for deaths caused by negligence or wrongful action. When discussing the legislation, our elected officials seem to focus primarily on the economic impact of the bill. Will it attract businesses to Tennessee? Will it mean more jobs? No one seems to be asking the more fundamental question, why don’t we trust jurors to give fair and just compensation to victims in wrongful death suits while continuing to ask them to make decisions that no one should ever be asked to make–who lives and who dies?

It seems incongruous that we trust jurors to make decisions about matters of ultimate significance when we appear not to trust them with ones of considerably less weight. The legislature tells us juries should not have the power to make decisions involving victim’s compensation. Perhaps we should take similar precautions with jurors in first-degree murder trials as well.

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