S.C. lawsuit
reforms gain ground House passes bill;
Senate debates legislation By
Zane Wilson The Sun
News
COLUMBIA - The S.C. House overwhelmingly
passed a lawsuit-reform measure Wednesday after an early-morning
compromise that ended most of the opposition.
The bill passed 101-15. All local House members voted yes.
At the same time, the Senate was in extended debate on its own
lawsuit-reform bills, hung up on the proposed $250,000 cap on jury
awards for pain and suffering.
The House bill addressed a few items such as stricter penalties
for frivolous lawsuits. It did not include the medical-malpractice
plan the Senate is debating.
Still, the House bill is monumental because it changes some
practices that have been in place for three centuries, opponents
said.
"It is a major, transforming change in the way cases are tried in
this state," said Rep. Doug Jennings, D-Bennettsville.
Rep. James Smith, D- Columbia, said the civil courts always
have had an even playing field, but now people with grievances will
go to court with the scales tipped in favor of the possible
wrongdoer.
Smith and Jennings are among the trial lawyers who mostly oppose
the lawsuit-reform measures. The opposition was bipartisan.
Rep. John Graham Altman, R-Charleston, also a trial lawyer, said
the House was doing the wrong thing.
"This is the insurance company protection act of 2005," Altman
said.
He said insurance companies are trying to deceive the public and
legislators into thinking frivolous lawsuits are a drag on the
economy.
The state already has a law that penalizes those who file
frivolous lawsuits, but it is underused, Altman said.
Other lawyers in the House, including Speaker David Wilkins,
R-Greenville, backed the changes, which also are sought by Gov. Mark
Sanford, as aiding the economy.
"It is very definitely pro-business legislation," Wilkins
said.
Rep. Vida Miller, D-Pawleys Island, said most of the Democrats
ended their opposition to the bill after the compromise, which
affected where lawsuits can be filed.
"I think the verdict is still out on the impact on the judicial
system," she said.
An Horry County lawyer whose firm has made a name for itself in
class action injury lawsuits said the bill will hurt ordinary people
who are injured in some way.
"They want to restrict the right to file a lawsuit," said Gene
Connell of Kelaher, Connell and Connor.
He said that the whole issue of lawsuit reform is overblown and
that it is not true that juries are making outrageous awards to
plaintiffs.
"I can't tell you the last time they had a million-dollar verdict
in Horry County," he said.
In the Senate debate, Sen. Luke Rankin, R-Myrtle Beach, also a
trial lawyer, said the cap on pain-and-suffering awards will not
help doctors who say their malpractice insurance is too
expensive.
The Senate worked late into the evening on the issue.
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