Martin v. Richards
In Martin v. Richards, 192 Wis. 2d 156, 531 N.W.2d 70 (1995), the Court addressed the constitutionality of retroactively applying a statute capping medical malpractice awards.
In that case, at the time the action accrued, i.e., when the injury occurred, there were no caps on damages in medical malpractice cases. See id. at 196.
Wisconsin Stat. 665.017 (1985-86) limited noneconomic damages in medical malpractice cases to $ 1,000,000.
Although the action accrued before the statute's effective date, the Martins filed their action after the effective date. See 192 Wis. 2d at 197.
A jury later awarded the Martins $ 2,150,000 in noneconomic damages. See id.