Fulton County Superior Court Judge Marvin Arrington, Sr. just dealt a near fatal blow to tort reform.
A Fulton County Superior Court judge has struck down as unconstitutional the state’s $350,000 limit on pain and suffering damages in medical malpractice cases.
Judge Marvin S. Arrington Sr. signed an order April 28 holding that the limits, approved by the General Assembly and Gov. Sonny Perdue in 2005, make a jury’s decision on pain and suffering damages “a meaningless exercise.” . . . .
“In my lifetime, I’ve seen some mean legislation … ” he said. “Sometimes, things have to be corrected. Sometimes, legislative bodies have to be stopped otherwise they’ll go absolutely crazy.”
I expect that this particular provision of the law will actually be upheld on appeal. Based on his statements from the bench, Judge Arrington sounds like he replaced his own judgment for that of the legislature, which is not his job.