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Nestlehutt Order Ga Caps
This order declares a Georgia statute capping noneconomic damages in medical malpractice cases unconstitutional. The order discusses the facts of the case, in which a jury awarded damages to the plaintiffs that exceeded the statutory cap. The court considered motions to strike affidavits submitted by the plaintiffs and denied the motions. In a lengthy analysis, the court found that the statutory cap violates the right to a jury trial guaranteed by the Georgia constitution. The court examined the history and scope of the right to a jury trial and determined that the cap improperly infringes on this right. Therefore, the court declared the statutory cap unconstitutional.
![Massillon mgmt., llc v. americ[1]](https://cdn.slidesharecdn.com/ss_thumbnails/massillonmgmt-130908122630--thumbnail.jpg?width=640&height=640&fit=bounds)
