Callow, C.J. (dissenting) — I disagree with the majority's determination that Const. art. 1, § 21 affords a tort litigant an absolute right to have a jury determine noneconomic damages in a tort action. This constitutional provision should be interpreted to require only that a jury determine such facts as the Legislature may choose to incorporate into a cause of action. The majority's right-to-jury argument can…
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