Further lawsuit
reforms sought Business leaders want
limits on jury awards By
JENNIFER TALHELM Staff
Writer
GREENVILLE — As Gov. Mark Sanford signed into law a
sweeping revision of the state’s civil court system Monday, business
leaders already were looking ahead to even more changes.
They want the Legislature to place more limits on how much money
juries can award in damages, and they plan to scrutinize judges to
make sure they are not too friendly to plaintiffs.
Their plans drew wary responses from both supporters and
opponents of the change.
“It’s a very poor idea,” said Rep. James Smith, D-Richland, who
voted for the new law after forcing some amendments.
Lawmakers and business leaders gathered at the Greater Greenville
Chamber of Commerce for the bill signing.
They applauded the new law, which makes it harder to sue and get
jury awards from businesses. They say it will help South Carolina
become more competitive for jobs and help boost the economy.
But backers of further change said the court system still is too
friendly to plaintiffs.
“Today, the scales of justice have begun a long-overdue and
much-needed shift back toward the middle,” said Michael Fields,
state director of the S.C. chapter of the National Federation of
Independent Business.
“If we are to truly regain the confidence in our system, more
changes are needed.”
That might mean getting involved in judicial elections, said S.C.
Chamber of Commerce president and CEO Hunter Howard. Judges in South
Carolina are elected by the Legislature.
“We’re not looking for judges that are totally our way,” Howard
said, “but judges that are balanced in how they’re deciding
cases.”
S.C. Supreme Court Chief Justice Jean Toal said she welcomes
scrutiny — as long as judges aren’t expected to take sides.
“The one thing everybody needs to understand is what the function
of the court is,” she said. “Judges are not supposed to be friendly
to anyone. Judges are supposed to be neutral.”
Others are concerned that business would try to interfere with
judges’ decisions.
Smith said South Carolina does not have a problem with runaway
juries or activist judges.
“The same people who elected Jim DeMint sit on our juries,” he
said, referring to the conservative Republican U.S. senator elected
in 2004.
House Speaker David Wilkins, R-Greenville, said he wants to wait
before making any more major changes to the courts.
“We need to give an opportunity for this legislation to work,” he
said of the new law, which took several years to pass the
Legislature.
The law signed Monday:
• Restricts where trials can be
held
• Cuts the time in which a
homeowner could sue for construction defects
• Limits a practice that allowed
plaintiffs to sue one defendant for full damages in cases in which
two or more people were at fault.
Backers included leaders from industries ranging from
construction to trucking to small businesses. They poured millions
of dollars into legislative campaigns in the last election.
Trial lawyers, who fought the bill, said it will hurt small
businesses and people injured by businesses.
Michael Gunn, a lobbyist for the S.C. Trial Lawyers Association,
said a provision gives big corporations an incentive to push the
blame to smaller businesses.
“We’re extremely disappointed in the bill.”
Reach Talhelm at (803) 771-8339 or jtalhelm@thestate.com. |