Part Of Ark. Tort Reform Ruled Unconstitutional

"It means that we'll get to go to trial against the defendant without the defendant getting to try to blame someone not at the courthouse," McMath said.

David Donovan, a Little Rock lawyer representing Rockwell, said he respected the court's decision.

"It doesn't materially change the defense," Donovan said. "Rockwell's position is their design was safe and not defective."

The 2003 tort reform bill, signed into law by then-Gov. Mike Huckabee, set a $1 million cap on punitive damages in civil lawsuits in Arkansas. That portion of the law still stands under the court's decision Thursday.