Hamid Rashidi, Plaintiff and Appellant v. Franklin Moser, Defendant and Appellant

Summary

The court held that the statutory cap on noneconomic damages applies only to court-awarded damages, not to noneconomic amounts received through pretrial settlements. Because the defendant failed to establish any comparative fault by the settling defendants, he was solely liable for the capped noneconomic award and could not obtain an additional setoff. The judgment was therefore reversed to the extent it reduced the noneconomic award below the statutory cap and affirmed in all other respects.