House gives lawsuit
limit bill final approval
JIM
DAVENPORT Associated
Press
COLUMBIA, S.C. - 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. |