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Kirkland v. Blaine County Medical Center6/29/2000
ed a civil forfeiture case brought under I.C. § 37-2744A. The appellants argued I.C. § 37-2744A was unconstitutional because it denied a jury trial in civil forfeiture proceedings. In holding I.C. § 37-2744A unconstitutional, this Court first determined whether the right to jury trial in civil forfeiture actions existed at the time the Idaho Constitution was adopted. After determining civil forfeitures existed, and were afforded a right to jury trial at common law when the Idaho Constitution was adopted, this Court held I.C. § 37-2744A unconstitutional because it denied that right. Free, 126 Idaho at 425-27, 885 P.2d at 384-86.
In the case at hand, the Kirklands urge this Court to hold I.C. § 6-1603 unconstitutional because it denies them the right to jury trial as it existed in 1890. The Kirklands correctly note that, at the time of the adoption of the Idaho Constitution, the Supreme Court of the Territory of Idaho had already recognized a jury's right to award general compensatory damages. In Cox v. Northwestern Stage Co., 1 Idaho 376 (Id. Terr. 1871), the Supreme Court of the Territory of Idaho affirmed a jury's award of $15,000 in general damages and $280 in special damages to a plaintiff injured while a passenger on a stage coach. In response to the defendant's argument the verdict was not supported by the evidence, the Court noted that in order to find for the plaintiff, the jury must have determined the plaintiff was severely injured due to the negligence of the stage driver, and the plaintiff was damaged in the amount of $15,280 dollars. The Court went on to say " he question is not whether this court would have found as the jury did, but whether or not there was such an abuse of discretion on the part of the jury as to demand an interference by this court. No one will contend but what the jury had a right to pass upon all of these questions." Id. at 383. Additionally, the Court rejected the defendant's argument the damage award was disproportionate to the injuries suffered, noting it was the special province of the jury to determine the extent of the plaintiff's damage. In so holding, the Court noted " jury of twelve good and lawful men have said by their verdict, that this plaintiff has been damaged in the sum of fifteen thousand two hundred and eighty dollars, and we do not think that, under the law and facts, we would be justified in saying that they were not correct, as well as honest, in their judgment." Id. at 386. Therefore, it is clear as early as 1871 the Territory of Idaho recognized the right of the jury to assess and award general or non-economic damages to plaintiffs in personal injury cases. This right was not expressly altered by the adoption of the Idaho Constitution.
Because the right to have a jury assess and award non-economic damages to plaintiffs in personal injury actions existed at the time of the adoption of the Idaho Constitution, and was not expressly altered by the Constitution, we next turn to the question of whether I.C. § 6-1603 violates that right. WRMC argues I.C. § 6-1603 does not violate the right to a jury trial because, as this Court has previously held, "the legislature clearly has the power to abolish or modify common law rights and remedies." Olsen v. J.A. Freeman Co., 117 Idaho 706, 717, 791 P.2d 1285, 1296 (1990). According to WRMC, because the cap on non-economic damages imposed by I.C. § 6-1603 is simply a modification of a common law remedy, the statute is within the constitutional powers of the Idaho legislature. In support of this argument, WRMC relies heavily on Jones v. State Bd. of Medicine, 97 Idaho 859, 555 P.2d 399 (1976). In Jones, the Court held a statute limiting the damages recoverable against physicians and hospitals in medical malprac
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