Posted on Wed, Mar. 16, 2005


House gives lawsuit limit bill final approval


Associated Press

Lawmakers using extreme tactics on both sides of a bill limiting lawsuits worked out their differences Wednesday, moving the legislation toward Gov. Mark Sanford's desk.

The legislation sets standards for who pays what share of damages in lawsuits awards; limits where lawsuits can be filed; targets frivolous lawsuits and limits how long businesses and consumers can sue over shoddy construction.

The Senate passed the House version of the bill last week. But one change prompted a standoff with House Democrats who said the Senate unfairly allowed courts to penalize people who brought lawsuits by charging them twice for their share of damages.

After a tense meeting in which a Republican-dominated committee recommended a change in the rules of the House to end the standoff more quickly, a compromise between Senate leaders and House Democrats let the lawsuit bill pass as amended.

Senate leaders agreed to make the changes House Democrats wanted in another bill that body is debating that would set limits on lawsuits in medical malpractice cases.

With that deal, Rep. James Smith, D-Columbia withdrew the mountain of amendments he had proposed to slow the approval process.

The lawsuit limits bill was approved on a 115-0 vote.

The bill is part of the governor's legislative agenda and he is expected to sign it next week when it reaches his desk. "It's a good solid step toward making our state more competitive," Sanford spokesman Will Folks said Wednesday.

House Speaker David Wilkins, R-Greenville, said the two days of debate was "a perfect example of democracy in action."

He said the legislation will make the state more attractive to companies looking for places to invest.

The biggest gain for businesses is ending the practice of people filing lawsuits in counties that have a history of large jury awards, Wilkins said. Businesses also like the part of the bill that limits a long-standing practice of requiring wealthy defendants to pay the lion's share of a jury award, even if they were only slightly responsible for injuries.

Opponents of the legislation worry that change will leave plaintiffs with unpaid medical bills and other expenses because the person most responsible for damages may be unable to pay.

Developers and construction companies got a win with a new limit on how long they are responsible for construction problems. Under the bill, homeowners will have only eight years to sue for poor workmanship rather than the current 15 years.

But some worry that that might not be enough time for flaws to show up.

Michael Gun, who led trial lawyer opposition to the bill, said the change is risky as the state wraps up construction in Charleston on the most expensive bridge project in South Carolina history. "We've just basically given it an eight-year warranty," Gun said.





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