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Judd v. Drezga11/5/2004
racterized as "fundamental," we will apply the rational basis test. See Condemarin, 775 P.2d at 359-60 (citing Berry, 717 P.2d at 677).
In harmony with our discussion in the sections above, we conclude that the cap on Athan's recovery of quality of life damages satisfies the rationality standard demanded by article I, section 7. The legislative concern with rising health care costs and fears about the continued availability of services are legitimate governmental issues. Finding that there was a problem to be remedied, the legislature enacted the damage cap as a targeted measure designed to minimize increases in costs and decreases in services. Far from the absolute cap invalidated in Condemarin, the cap on quality of life damages has no impact on a victim's recovery of damages for actual expenses, loss of earning capacity, or other economic measures of injury . Rather, it is limited to the one area where caps have proven effective--quality of life damages, which are difficult to predict but nevertheless must be accounted for by insurers. California's MICRA Reforms, supra, at 7. Far from being an arbitrary and unreasonable legislative response, then, section 78-14-7.1 represents the measured application of legislative tools to a real problem and is therefore constitutional under article I, section 7.
V. RIGHT TO A JURY TRIAL
The Utah Constitution guarantees parties the right to a jury trial in a civil case. Utah Const. art. I, § 10; Int'l Harvester Credit Corp. v. Pioneer Tractor & Implement, Inc., 626 P.2d 418, 420-21 (Utah 1981). Judd argues that the cap on quality of life damages infringes this right because it prevents Athan from recovering an amount equal to the jury's determination of damages. We hold that the damage cap does not violate Athan's right to a jury trial.
There are essentially two lines of cases addressing whether a cap on damages deprives a victim of the right to a jury trial. Both lines of thinking are analytically simple and reasonable. One position is that the jury's right to determine damages extends not only to a factual assessment of their amount, but also to an actual award of those damages. See, e.g., Sofie v. Fibreboard Corp., 771 P.2d 711, 720-23 (Wash. 1989) (holding damage cap unconstitutional because it invaded jury's right to determine damages). The other position is well-embodied in the case of Etheridge v. Med. Ctr. Hosp., which notes that "although a party has the right to have a jury assess his damages, he has no right to have a jury dictate through an award the legal consequences of its assessment." 376 S.E.2d 525, 529 (Va. 1989). We subscribe to the latter view.
As the Etheridge case correctly notes, it is the jury's duty to determine the amount of damages a plaintiff in fact sustained, but it is up to the court to conform the jury's findings to applicable law. Id. We recognize that damages are a question of fact, and that questions of fact are distinctly within the jury's province. Ricks v. Budge, 64 P.2d 208, 213 (Utah 1937). However, the jury is always guided and constrained by the court through appropriate instructions. Id. ("While the law cannot . . . determine with absolute certainty what damages, if any, plaintiff may be entitled to, still those are questions which a jury under proper instructions from the court must determine." (emphasis added)). The damage cap enacted by the legislature represents law, similar to an element of a claim to which the trial court must comport the jury's factual determinations.
Perhaps the most important reason behind the right to a jury trial is "to assure a fair and equitable resolution of factual issues." 50A C.J.S. Juries § 19 (1997). Athan's jury f
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