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Vallien v. State ex rel Dept. of Transportation and Development3/27/2002
a presidential election were consistent with non-arbitrary treatment of members of the electorate. In concluding that the recount procedure was violative of the Equal Protection Clause, the United States Supreme Court pointed to "the absence of specific standards to insure its equal protection application." Bush v. Gore, 531 U.S. 106. Similarly, La.Const. art. 12, ยง 10(C) lacks the required specificity and specific rules to guide the legislature in formulating "the kinds and amounts of recoverable damages." There is absolutely no guidance whatsoever. The lack of guidance and specificity is inconsistent with the obligation to avoid non-arbitrary and disparate treatment of injured victims. Rather, there should be "specific rules designed to insure uniform treatment." Id. The Louisiana constitutional provision and its concomitant enabling statute, La.R.S. 13:5106(B)(2), lack uniform treatment for seriously injured victims whose damages exceed the $500,000 cap and those victims whose damages fall below the cap and who receive full compensation for their injuries. Additionally, there is no uniform treatment of multiple victims who are limited to the $500,000 recovery and an individual victim whose damages may fall below $500,000 and who recover full compromise. The minimum procedural safeguards which are the essence of the equal protection test announced by Bush v. Gore are simply absent in this case.
For the foregoing reasons, I respectfully dissent in part.
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