Picture of John Day

§23.20 Statutory Cap and Comparative Fault

The Case: Monypeny v. Kheiv, No. W2014-00656-COA-R3-CV, 2015 WL 1541333 (Tenn. Ct. App. April 1, 2015).

The Basic Facts: Plaintiffs filed suit following a car accident, and the jury found for plaintiffs but attributed 15% of the fault to plaintiffs. The trial court first reduced the non-economic damages from $1,050,000 by 15% to $892,500, then applied the damages cap found in Tenn. Code Annotated 29-30-102 to reduce the amount to $750,000. Defendants appealed this process, arguing that the cap should be applied first and then the $750,000 amount reduced by the 15% fault finding.

The Bottom Line:

“Although the statute governing the award of damages in civil actions, i.e., Tennessee Code Annotated Section 29-39-102, does not specifically address the question of whether comparative fault reductions should precede the application of the statutory cap, the statute does state that ‘[t]he limitation on the amount of noneconomic damages ... shall not be disclosed to the jury, but shall be applied by the court to any award of noneconomic damages.’ Tenn. Code Ann. § 29-39-102(g). In other words, the jury should make its award as if the statutory cap does not exist, and the jury’s award should be based only on its determination of the allocation of fault in the case and its determination of the type and amount of damages.”  2015 WL 154133, at *24.

“To apply the statutory cap before reducing the award by the percentage of fault – as State Farm proposes – would undermine the autonomy of the jury and its role in the trial.” Id.


“Although Tennessee has not yet had the opportunity to specifically address this question in the context of a personal injury case, other jurisdictions that have addressed the interaction between a damages cap and principles of comparative fault have almost unanimously held that any reduction or allocation based on comparative fault must be done before applying the statutory cap where a plaintiff’s damages are subject to reduction based on his or her comparative fault.” Id. at 25.


“We adopt the reasoning in the foregoing cases, which represent the holdings of the majority of jurisdiction that have specifically addressed this question. Accordingly, we hold, as a matter of law, that, in personal injury cases, the trial court should first reduce the jury’s award of non-economic damages by the percentage of comparative fault, and then, if the adjusted award is still above the statutory cap, the court should reduce the award further to comport with the cap.” Id. at *26.


After an accident, many injury victims and their families want more information on the accident and their legal rights. Consequently, many of them have found their way to these pages. While we are happy you are here, please understand Day on Torts: Leading Cases in Tennessee Tort Law was written to be a quick, invaluable reference for Tennessee tort lawyers. While the book provides the leading case for more than 300 tort law subjects and thousands of related case citations, it is not a substitute for personalized legal advice from a qualified lawyer.

Rather than researching these legal issues alone, we urge you to contact one of our award-winning lawyers who can sit down with you, review your case, answer your questions and clearly explain your rights and your options in a no-cost, no-obligation consultation. Our experienced attorneys handle all personal injury and wrongful death cases on a contingency basis, so we only get paid if we win. If for any reason you are unable to come to our office, we will gladly come to you.

To schedule an appointment, contact us online or call us at 615-742-4880 or toll-free at 866-812-8787.

The foregoing is an excerpt from Day on Torts: Leading Cases in Tennessee Tort Law, published by John A. Day, Civil Trial Specialist, Fellow in the American College of Trial Lawyers, recipient of Best Lawyers in America recognition, Martindale-Hubbell AV® Preeminent™ rated attorney, and Top 100 Tennessee Mid-South Super Lawyers designee. Read John’s full bio here.

To order a copy of the book, visit www.dayontortsbook.com. John also blogs regularly on key issues for tort lawyers. To subscribe to the Day on Torts blog, visit www.dayontorts.com.

Client Reviews
Everything was great. You guys are a great representative. I was satisfied with everything. Truly appreciate John Day and his hard-working staff.
We thought that you did an excellent job in representing us in our lawsuit. We would recommend you to anyone. Mitch Deese
The Law Offices of John Day is, without a doubt, the best in Nashville! They treated me with the utmost respect and tended to my every need. No question went unanswered. I was always kept informed of every step in the process. I received phenomenal results; I couldn't ask for more. I would definitely hire the Law Offices of John Day again. Anthony Santiago
I would definitely recommend to anyone to hire John Day's law firm because everyone was helpful, made everything clear and got the job done. I am satisfied with how my case was handled. June Keomahavong
It's been a long battle but this firm has been very efficient and has done a remarkable job for me! I highly recommend them to anyone needing legal assistance. Everyone has always been very kind and kept me informed of all actions promptly. Linda Bush
I had a great experience with the Law Offices of John Day. The staff was very accommodating, and my phone calls/emails were always responded to in a timely manner. They made the entire process very easy and stress-free for me, and I had confidence that my case was in good hands. I am very happy with the results, and I highly recommend! Casey Hutchinson