Sanders v. AhmedAnnotate this Case
Ronald Sanders recovered judgments against Dr. Iftekhar Ahmed and Iftekhar Ahmed, P.A. (collectively, Defendants) for the wrongful death of his wife. After the jury returned a verdict awarding $9.2 million in non-economic damages, the trial court entered a judgment providing just over $1 million in non-economic damages in accordance with a statutory cap on non-economic damages. On appeal, Sanders challenged the constitutionality of the damages award cap, and Defendants appealed the judgment, the denial of reduction pursuant to Mo. Rev. Stat. 537.060, and the denial of periodic payments. The Supreme Court affirmed the judgment in all respects except as to reduction under section 537.060, which permits a defendant's liability to be reduced by the amounts of settlements with joint tortfeasors. The Court reversed the judgment in respect to that section, as a discovery denial prejudiced Defendants' ability to plead and prove the affirmative defense of reduction, and insofar as the settlements included economic damages, the statutory cap would not obviate statutory reduction. Remanded.