Willis v. Kia Motors Corporation et al

Filing 365

ORDER denying 360 Motion to Enroll Full Judgment. Signed by W. Allen Pepper on 9/10/2009. (pbs, USDC)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION MARTHA WILLIS, INDIVIDUALLY AND AS MOTHER AND NEXT FRIEND OF JALEESA WILLIS, A MINOR, VS. KIA MOTORS CORPORATION and KIA MOTORS AMERICA, INC., ORDER This matter comes before the court upon the plaintiff's motion to enroll full judgment [360]. After due consideration of the motion and the response filed thereto, the court finds as follows, towit: It is undisputed that Miss. Code Ann. §11-1-60 places a $1,000,000.00 cap for non-economic damages in a product liability act. In her motion, the plaintiff cited insufficient authority demonstrating that this statute, duly passed by the Mississippi Legislature, is unconstitutional. IT IS THEREFORE ORDERED AND ADJUDGED that the plaintiff's motion to enroll full judgment [360] is DENIED. SO ORDERED this the 10th day of September, A.D., 2009. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE

PLAINTIFF, CIVIL ACTION NO. 2:07CV62-P-A DEFENDANTS.