LAST YEAR, A FLORENCE County woman sued a doctor and medical
clinic from Myrtle Beach, saying she had complications from the
medicine he prescribed for her. The suit was filed in Hampton
County.
A Beaufort County woman sued Continental Airlines, saying she was
injured during a rough landing on a flight from Savannah to New
Jersey. The suit was filed in Hampton County.
A Mexican restaurant in Richland County sued a Columbia Hardee's,
alleging the Monster burger was too similar to a product it sold by
the same name. The suit was filed in Hampton County.
And the list goes on, sometimes involving plaintiffs, defendants
and incidents from outside not only the county but the state. It
goes on because a 133-year-old state law allows people to sue in any
county where a company has a presence, be it owning property or
selling its goods or services. Railroad companies can be sued if
their trains pass through a county, an auto manufacturer if there's
a dealership there. The Continental suit claimed that the airline
sells tickets over the Internet, and therefore does business in
Hampton County.
The county's economic development commission reports that 583
civil lawsuits were filed in Hampton County last year -- or one for
every 37 residents; 38 percent were filed by people who live in
other counties or states, over incidents that occurred
elsewhere.
They could have filed in just about any S.C. county. But they
chose Hampton, for some combination of reasons that includes
generous jurors and talented or well-connected lawyers and perhaps
in some cases simply the county's reputation for jackpot
justice.
County officials are convinced this situation, which gained
national exposure with a Forbes magazine article last summer, is
costing the poor county jobs. Forbes said Wal-Mart backed out of
plans to build in Varnville -- and provide 225 jobs -- after a
Columbia lawyer pointed out this would allow everyone in the country
to sue Wal-Mart in Hampton County. Wal-Mart isn't talking, and the
law firm responsible for most of the outside suits considers such
suggestions akin to slander.
Frankly, it shouldn't matter whether the county's friendly juries
are costing it jobs. The state law that lets plaintiffs exploit
these jurors saddles the county's taxpayers with extra expenses to
cover court costs for cases that should be tried in other counties
or even other states. It forces residents to donate their time and
serve as jurors in cases that should be heard elsewhere.
But even if there were no negative effect on any county, our
wide-open venue law simply does not make sense. Perhaps it made
sense in 1870, when owning a piece of property or doing business in
a county tied a corporation to that county much more so than it does
now. Today, it is an invitation for plaintiffs from all over the
country to not only judge-shop but jury-shop -- to peruse our state
for a judge they think will be kind to them and jurors they think
will shower money on them.
That undermines public confidence in our judicial system. And for
that reason alone it should be changed.
Certainly we should not go to the other extreme and require that
all lawsuits be filed on the defendant's home turf. But neither
should we allow this free-for-all. A bill filed last month by Sen.
Glenn McConnell lets plaintiffs file suit where the incident
occurred, where they live or where the corporation is
headquartered.
There is no reason they should be allowed to file suit anywhere
else. There is no good reason why the Legislature should not adopt
this long-overdue
change.