| Tort reform bill gets support COLUMBIA - Financial payouts to plaintiffs filing lawsuits in South Carolina would be capped at $2 million under a tort reform bill passed Wednesday by the state House. Approved by a vote of 79-36, the bill still must be formally approved today on third reading and will be sent to the Senate. Business interests, led by the South Carolina Chamber of Commerce, have strongly supported limits on tort payouts and originally asked for a cap of between $250,000 and $1 million. They contend that South Carolina would be more attractive to new business with caps on legal payouts. "Tort reform is not a battle between the corporate community and trial lawyers," said Charlie Weiss, the president of the Greater Aiken Chamber of Commerce. "Our legal system does not belong to either. "We have a responsibility and an obligation to protect it from abuses and to restore it for its original intent." Pro-reform business representatives and legislators said lawsuits have driven the price of insurance up to an unaffordable level for many small businesses, which are often sued. "Lawsuits, frivolous lawsuits, have gotten out of control," said Rep. Roland Smith, R-Langley, who voted for House Bill 3744. "It's hurting the overall economy." Unless modified by the Senate, the bill would not limit how much money a plaintiff could receive in lost wages or hospital expenses, a measure that did little to appease critics of the proposed law, who gathered outside the House chambers. The crowd consisted mostly of trial lawyers and victims of various accidents and injuries who had sued or are trying to sue for damages. They wore yellow stickers that said "No to Tort Reform." Richard Hricik, a Charleston, S.C., lawyer, said the business community had "listened to propaganda from the insurance companies." "The people who are going to be most hurt by this are the people who can't defend themselves, children and the poor," he said. Lawyers argued that they have an ethical obligation not to file frivolous lawsuits and that juries could fairly decide how much money a plaintiff should receive. A $2 million cap means a corporation or insurance company has less to fear if a mistake is made. "Immunity breeds irresponsibility," said Ellis I. Kahn, a Charleston lawyer. Reach Josh Gelinas at (803)279-6895 or josh.gelinas@augustachronicle.com.
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