EDMONDS v. MURPHY

No. 1480, September Term, 1989.

83 Md. App. 133 (1990)

573 A.2d 853

RICHARD ANDRE EDMONDS, ET AL. v. SARAH MURPHY, ET VIR.

Court of Special Appeals of Maryland.

May 30, 1990.


Attorney(s) appearing for the Case

Robert P. O'Brien (Marc K. Sloane and Niles, Barton & Wilmer, on the brief), Baltimore, for appellants.

Philip O. Foard (George W. White, Jr., Jay D. Miller and White, Mindel, Clarke, & Foard, on the brief), Towson, for appellees.

J. Joseph Curran, Jr., Atty. Gen., Kathryn M. Rowe and Robert A. Zarnoch, Asst. Attys. Gen., Annapolis, for amicus curiae, State of Md.

David M. Funk, Bryan D. Bolton, Valerie A. Irvine and Shapiro and Olander, Baltimore, and Stephen P. Carney, Hunt Valley, for amicus curiae, Medical Mut. Liability Ins. Soc. of Maryland.

Paul D. Bekman, Scott R. Scherr, Baltimore, and John J. Sellinger, Rockville, for amicus curiae, Maryland Trial Lawyers Ass'n and Russ M. Herman, New Orleans, Louisiana, for amicus curiae, Ass'n of Trial Lawyers of America.

H. Thomas Howell, Alan N. Gamse, Kathleen Howard Meredith, Scott D. Goetsch and Semmes, Bowen & Semmes, Baltimore, for amicus curiae, The Nat. Ass'n of Independent Insurers and The Maryland Ass'n of Defense Trial Counsel.

Michael T. Wharton, David A. Roling and Wharton, Levin & Ehrmantraut, Annapolis, for amicus curiae, The Product Liability Advisory Council, Inc. and the Motor Vehicle Mfrs. Ass'n of the U.S., Inc.

Argued before GARRITY, ALPERT and CATHELL, JJ.


ALPERT, Judge.

The "cap" on damages in personal injury cases1 has been the subject of much controversy and debate within and without the legal profession. One recent law review article even suggests that we "blast the cap" that limits recovery of noneconomic damages in personal injury actions.2 As shall be seen, we choose not to follow that suggestion. While the centerpiece of our decision in this case is the...

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