The Maryland non-economic damages cap has been a bone of contention ever since its first enactment. The law which takes fair compensation out of the hands of the jury, has again been upheld by the Maryland Court of Appeals.

The decision in a case involving a child drowning at Crofton  Country Club reduces the jury's award from $4 million to $1 million.

The cap has been decried by advocates for the catastrophically injured as it treats all cases the same, limiting pain and suffering damages to an absolute statutory maximum. This is to say that the same limit for non-economic damages would apply to someone who is rendered quadriplegic as someone who sustains no permanent injury whatsoever. 

The insurance industry has long has a disproportionate influence on Maryland's political culture and it is sad that even Maryland's vaunted court system cannot strike a blow for the victims of negligence.  for more on pool safety go to: 
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