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FRANKLIN v. MAZDA MOTOR CORP.

Civ. No. PN-87-2203.

704 F.Supp. 1325 (1989)

Barbara Lynn FRANKLIN v. MAZDA MOTOR CORPORATION, et al.

United States District Court, D. Maryland.

February 2, 1989.

Attorney(s) appearing for the Case

Jerome J. Seidenman, Jerome J. Seidenman, P.A., Baltimore, Md., and Theodore Losin, Morstein & Losin, P.A., Baltimore, Md., for plaintiffs.

Edward S. Digges, Jr. and Michael T. Wharton, Digges, Wharton & Levin, Annapolis, Md., for defendant Mazda Motor Corp.

J. Joseph Curran, Jr., Atty. Gen. of Md., Judson P. Garrett, Jr., Deputy Atty. Gen. of Md., and Robert A. Zarnoch and Kathryn M. Rowe, Asst. Attys. Gen., of Md., Annapolis, Md., for defendant-intervenor State of Md.

OPINION AND ORDER

NIEMEYER, District Judge.

In this case the Court is presented with the question whether the limitation of $350,000 that is imposed by Maryland on personal injury awards for noneconomic damage (such as for pain and suffering) violates the constitutions of the United States and Maryland.

On May 13, 1987, Barbara Lynn Franklin was driving to work on the Capital Beltway around Washington, D.C. (Interstate 495) in her 1982 Mazda automobile...

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