Senate, House OK
limits on lawsuits
JIM
DAVENPORT Associated
Press
COLUMBIA, S.C. - The South Carolina Senate and
House approved major legislation limiting lawsuits Wednesday.
The House gave second reading to a bill that puts restrictions on
lawsuits stemming from business dealings, shoddy housing
construction among other issues. About nine hours later, the Senate
approved limits on medical malpractice lawsuits.
The House bill was approved by a 101-15 vote that came after two
hours of debate and little opposition. Earlier in the day, Gov. Mark
Sanford held a news conference urging legislators to move quickly on
the bill - one of his key agenda items.
Under the proposal:
_ People could sue only in counties where they live or where an
accident or damage occurred.
_ The time limit consumers have to sue for shoddy construction or
other housing defects would be cut to eight years from 13.
_ Defendants would be responsible only for their part of a
problem. Currently, the company with the most assets can be required
to pay the biggest share of a damage award when more than one
defendant is involved.
_ There would be penalties for frivolous lawsuits.
"This is a major transforming change in the way cases are tried
in the state," House Speaker Pro Tem Doug Smith, R-Spartanburg,
said.
But the transformation some praised will cause big problems for
people with minor or major lawsuits, Rep. James Smith, D-Columbia,
said.
People who are injured in accidents will get a fraction of what
their damages were, Smith said.
For instance, a family whose loved one is killed by a logging
truck will be locked into recovering damages primarily from the
driver, not the logging company who employs the driver.
The bill says "we don't believe in making injured innocent
parties whole again," Smith said.
Sanford gathered business and health care leaders in his office
Wednesday morning to call for quick action on lawsuit legislation
before the House and Senate.
The Georgia Legislature's passage of similar legislation on
Monday made the task more urgent because the states compete for jobs
and economic growth, Sanford said. With Georgia, there are 28 states
that have some type of cap on lawsuit settlements.
"There is a revolution going on around us," Sanford said.
The malpractice and civil lawsuit bills have broad support among
businesses and health care providers.
Current laws have hurt the state's ability to increase incomes
and have "given us a black eye among our neighboring states," said
Hunter Howard, chief executive of the South Carolina Chamber of
Commerce.
The House's action came as the Senate entered the second day of a
filibuster against a bill aimed at limiting awards in medical
malpractice cases. That bill sets a $250,000 cap on non-economic
damages such as pain and suffering.
"As of Monday night, Georgia's a better place to practice
medicine than South Carolina," said Dr. John Evans, president of the
South Carolina Medical Association.
Georgia legislators put a $350,000 cap on pain and suffering
awards.
In South Carolina, supporters wanted a $250,000 cap on those
non-economic damages. That became a stumbling block that tied up the
Senate debate and turned into a full-blown filibuster on
Tuesday.
Supporters tried to break the filibuster Wednesday evening by
forcing senators to stay in the Senate chambers. But even then, they
lacked the votes to end it.
That forced both sides to negotiate more. By 10 p.m., a deal had
been reached.
The cap would be lifted to $350,000 on non-economic damages.
However, an exception would allow people bringing lawsuits to seek
as much as $1.1 million from a combination of up to three
defendants.
No one was "enamored with everything in here," Senate Judiciary
Committee Chairman Glenn McConnell, R-Charleston, said.
The agreement they reached gave the legislation second reading
with a 45-0 vote. The bill will get final reading Thursday. It also
killed dozens amendments that supporters feared could scuttle the
bill.
"I think Georgia's action Monday helped us," Sen. Larry Martin,
R-Pickens, said.
That helped people get accustomed to the notion of a $350,000
cap, said Sen. Brad Hutto, an Orangeburg Democrat who helped lead
the filibuster.
In most cases, the change means people will see $700,000 in
pain-and-suffering awards, said Ken Suggs, a Columbia trial
lawyer.
For Sanford the day ended with key agenda items surging forward.
"Both chambers took solid steps toward making our state more
competitive," Sanford's spokesman Will Folks said late Wednesday
night. |