Tort Reform Dies. Judge Arrington prepares to be overruled.

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.

12 comments

  1. Goldwater Conservative says:

    This is exciting.

    I do not understand how citizens could support their representatives decision to have created that law in the first place.

    Justice…it feels good.

  2. Rogue109 says:

    I do not understand how citizens could support their representatives decision to have created that law in the first place.

    And, yet, it happened. And Arrington, who again has shown how inept he is, takes it upon himself to correct “perceived” wrongs. Outrageous. One man thinks he knows better than the General Assembly and the Governor, who, through our representative democracy, speak for ALL the people.

    “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.”

    Snicker all you want, but this is not how the Judiciary is supposed to operate. There is no “meanness” standard by which Judges are supposed to rule on matters of this nature.

  3. Demonbeck says:

    If I have said it once, I have said it a million times, the Judicial branch is the only branch of government that doesn’t work like it is supposed to.

    The others may not work well, but at least they work as our founding fathers intended.

  4. Doug Deal says:

    Demon,

    I think the founding father’s expected the other branches to also hold actions of the Judicial Branch as unconstitutional. I.e. the President not agreeing to execute their order.

    The problem is that the third branch has no real checks.

  5. Demonbeck says:

    Exactly, however, their role is supposed to only be to interpret the laws, not correct them or veto them because otherwise the legislative bodies will go absolutely crazy.

  6. Rick Day says:

    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.

    :::::::coffeespew:::::::::

    WHAT?

    Sir, that is EXACTLY the job of the judicial, to not only rule on the letter of the law, but the fairness and or constitutionality of the law.

    His comment was 100% correct, and there is nothing anyone here can offer that trumps THAT judge’s experience and wisdom, from both the bench, and in life.

    That law is the ONLY reason I refuse to get on the liver transplant list. This is not the forum to discuss why I choose this course of life, just let it be known this decision returns fairness and accountability to a profession rife with incompetence and, well, humanity complete with all its potential for human error.

    Sorry Eric. It is exactly the job of a judge to weed out legislation that does more harm than it intends to do good.

    Now I gotta go clean up this coffee…

    :::mutters::::

  7. boyreporter says:

    Goldwater and Rick: Thank you for trying to explain our system of government to the benighted others, who really — really — need to go back to school (or for the first time). It’s basic, what judge Arrington did, basic to the separation of powers system. He interpreted the law as shit and said so. He did his job, unlike certain jurists in 2000 who really did place ideology in the driver’s seat. We’re still suffering for that, and will be for years, simply because no amount of Lysol will erase the stench of the Bush years. And no amount of anything will bring back the dead servicemen who were used to make W a “war president” in time for the 2004 election.

  8. StevePerkins says:

    When it’s all said and done, no matter which side you’re on with any given issue… Romegaguy just hit the nail on the head two comments above.

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