A nine-year-old girl and her father, a pastor, were on their way home from church, driving down Main Street in McGehee, Arkansas.
A drunk driver who had just had a fight with his girlfriend ran a stop sign and hit the pastor’s vehicle. The girl died in her father’s arms as they waited for the ambulance.
Since the girl had no job or “economic value” the only damages her family could collect for her death would be noneconomic damages. Issue 1 caps noneconomic damages.
Issue 1 caps the amount the drunk driver would have to pay, even if a judge and jury though it should be more than the $500,000 cap on non-economic damages.