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Kirkland v. Blaine County Medical Center6/29/2000
limited, the function is legislative, completely analogous to the adoption or repeal of causes of action and remedies therefor. Juries function as parts of the dispute resolution apparatus between parties; a legislature functions to make rules in advance of disputes to be applied to disputes. Franklin, 704 F.Supp. at 1331.
The Idaho Constitution expressly grants the legislature the power to modify or abolish common law causes of action. By placing a cap on non-economic damages in personal injury cases, the legislature has done nothing more than effect a valid change in the common law of personal injury in Idaho. Thus, we hold I.C. § 6-1603 does not violate the separation of powers doctrine embodied in the Idaho Constitution.
V. CONCLUSION
In response to the certified questions from the federal district court, we find I.C. § 6-1603 does not violate the right to jury trial as guaranteed by Article I, § 7 of the Idaho Constitution; does not constitute special legislation in violation of Article III, § 19 of the Idaho Constitution; and does not violate the separation of powers doctrine embodied in the Idaho Constitution.
JUSTICES SILAK, SCHROEDER, WALTERS AND KIDWELL, CONCUR.
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