A federal court has asked attorneys in a personal-injury lawsuit challenging the constitutionality of Mississippi's $1 million cap on non-economic damage to present new briefs on the issue.

The Associated Press reports that the 5^th Circuit Court of Appeals in New Orleans has asked the attorneys in the case (Learmonth v. Sears, Roebuck and Co., 06-CV-128) to re-file their briefs because it has been two years since the original filing and the court wants new information that has come to light since the appeal was filed.

The plaintiff, Lisa Learmonth, filed the lawsuit in 2006 after an accident with a Sears van near Philadelphia, Miss. in 2005.

She was awarded $4 million after a federal jury determined Sears was at fault, but the finding was not broken down to determine what was non-economic damage.

The parties agreed on more than $2 million for non-economic damages, but the judge ruled the award would be reduced to $1 million in line with the state's law.

The court has given both parties until Dec. 3 to file their re-briefs.

The state caps noneconomic damage at $1 million except in cases of medical-liability action, which are capped at $500,000.

Non-economic damages, under Mississippi law, do not include punitive damages.

Special Reports /

Fed Court Wants New Briefs in Mississippi Case Challenging Cap on Damages

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