DRD Pool Services, Inc. v. Freed, et al.

Case Updates

The Maryland Court of Appeals ruled that the state’s noneconomic damages cap is constitutional. The Court reaffirmed that a cap on noneconomic damages “may lead to greater ease in calculating premiums, thus making the market more attractive to insurers, and ultimately may lead to reduced premiums.”

NCLC urged the Maryland Court of Appeals to hold that the state’s noneconomic damages cap is constitutional. In this case, two parents were awarded $4 million for the accidental drowning of their child in a public pool. The award was reduced to $1 million in light of the state’s damages cap. In its brief, NCLC argued that the noneconomic damages cap reflects the Maryland legislature’s intent to limit tort liability and to provide a fair and consistent formula for treating plaintiffs. Without such damage caps, noneconomic damages awards are highly subjective and unpredictable.