Residents may face limits on lawsuits

e-mail this story More details What's next? The bill is on today's House calendar for speedy final passage and a trip to the Senate where it will be assigned to a committee as the process starts anew. Related Related stories: • Roll call for tort reform

Where opponents, many of them trial lawyers, are trying to raise constituents' fears over their ability to use the legal system when needed, proponents are hoping to tap into constituents' concerns about purported overuse.

Among the latter, Ruby Elrod, of Easley, said she never has been involved in a lawsuit, but she thinks "a lot of people sue you over nothing."

Donna Foss, of Simpsonville, said she "would hate to be on the receiving end of a frivolous lawsuit," something she worries about as a homeowner.

But Greenville Democrat Fletcher Smith said such worries are misplaced because average citizens will face less access to the courts if the Senate goes along with the House bill.

To Majority Leader Jim Merrill, R-Daniel Island, the vote is "a great victory for individuals and small businesses over people who would abuse the South Carolina legal system."

It was the second year in a row the House approved tort reform legislation aimed at curtailing frivolous lawsuits, ending jury-shopping, abolishing joint and several liability and reducing the liability period for construction defects suits.

The bill passed 101-15 after two hours of debate amid only tepid opposition.

Following a perfunctory third reading today, the bill will go to the state Senate where a similar version died last year. This time, supporters hope that new Senate rules passed in January limiting filibusters and eroding individual senators' ability to block legislation allow for a floor vote.

The bill would:

— Require plaintiffs to sue only in the counties where they live or where an accident or damage occurred.

— Reduce the period consumers have to sue for shoddy construction or other housing defects to eight years from 13.

— Make defendants responsible only for their part of damages, abolishing the existing joint and several liability law that can require the defendant company with the most assets to pay the biggest share of a damage award regardless of responsibility.

— Allow judges to impose penalties for lawyers and plaintiffs for filing frivolous lawsuits.

Not included were caps on damages that can be awarded by juries. Caps of $250,000 for pain and suffering are included in a medical malpractice bill now before the Senate, bogged down in a filibuster. Efforts to break the filibuster failed Tuesday. Sanford and those groups are also supporting its passage.

The House legislation's backers hope the bill will lower the volume of junk lawsuits and limit others, South Carolina businesses will become more competitive through reduced costs.

It has the support of Republican Gov. Mark Sanford and the South Carolina Chamber of Commerce. Sanford, who made it a major element in his legislative agenda, urged its passage in a morning press conference in which he was surrounded by business leaders and health care professionals.

But Smith, a trial lawyer, said it was part of a "national fever for tort reform that is just a way to hijack the judicial system and is going to undermine the access of middle and working class people to the courts."

Smith said the public should care "because if you have an accident or some big company that injures you, then that wrongdoer should compensate you. Say there is brain injury or a broken back as a result, you should have a right to seek redress. The General Assembly shouldn't be ceding that authority to the South Carolina Chamber of Commerce."

Hunter Howard, chief executive of the state chamber, said existing statutes have hurt the state's ability to increase incomes and have "given us a black eye among our neighboring states," said Hunter Howard,

The roll call vote was as follows:

Democrats voting Yes

Anderson, Georgetown; Bales, Eastover; Battle, Nichols; Bowers, Brunson; Branham, Lake City; G. Brown, Bishopville; Clyburn, Aiken; Cobb-Hunter, Orangeburg; Coleman, Winnsboro; Emory, Lancaster; Funderburk, Camden; Hayes, Hamer; J. Hines, Lamar; M. Hines, Florence; Jefferson, Pineville; Kirsh, Clover; Lee, Spartanburg; McCraw, Gaffney; McLeod, Little Mountain; Miller, Pawleys Island; J.M. Neal, Kershaw; Neilson, Darlington; Ott, St. Matthews; Parks, Greenwood; Phillips, Gaffney; Scott, Columbia; Vick, Chesterfield; Weeks, Sumter;

Republicans voting Yes

Agnew, Abbeville; Bailey, St. George; Ballentine, Irmo; Barfield, Conway; Bingham, West Columbia; Brady, Columbia; Cato, Travelers Rest; Ceips, Beaufort; Chalk, Hilton Head Island; Chellis, Summerville; Clark, Swansea; Clemmons, Myrtle Beach; Coates, Florence; Cooper, Piedmont; Dantzler, Goose Creek; Davenport, Boiling Springs; Delleney, Chester; Duncan, Clinton; Edge, North Myrtle Beach; Frye, Batesburg-Leesville; Hagood, Mt. Pleasant; Haley, Lexington; Hamilton, Taylors; Hardwick, Surfside Beach; Harrell, Charleston; Harrison, Columbia; Haskins, Greenville; Herbkersman, Bluffton; Hinson, Goose Creek; Hiott, Pickens; Huggins, Columbia; Leach, Greer; Limehouse, Charleston; Littlejohn, Spartanburg; Loftis, Greenville; Lucas, Hartsville; Mahaffey, Lyman; Martin, Anderson; McGee, Florence; Merrill, Daniel Island; Norman, Fort Mill; Owens, Pickens; Perry, Aiken; Pinson, Greenwood; E.H. Pitts, Lexington; M.A. Pitts, Laurens; Rice, Easley; Sandifer, Seneca; Scarborough, Charleston; Simrill, Rock Hill; Sinclair, Spartanburg; Skelton, Six Mile; D.C. Smith, North Augusta; G.M. Smith, Sumter; G.R. Smith, Simpsonville; J.R. Smith, Langley; W.D. Smith, Spartanburg; Stewart, Aiken; Talley, Spartanburg; Taylor, Laurens; Thompson, Anderson; Toole, West Columbia; Townsend, Anderson; Tripp, Mauldin; Umphlett, Moncks Corner; Vaughn, Taylors; Viers, Myrtle Beach; Walker, Landrum; White, Anderson; Whitmire, Walhalla; Wilkins, Greenville; Witherspoon, Conway; Young, Summerville;

Democrats voting No

Allen, Greenville; Breeland, Charleston; R. Brown, Hollywood; Harvin, Summerton; Hosey, Barnwell; Jennings, Bennettsville; Kennedy, Greeleyville; Mack, North Charleston; Moody-Lawrence, Rock Hill; J.H. Neal, Hopkins; Rutherford, Columbia; F.N. Smith, Greenville; J.E. Smith, Columbia; Whipper, North Charleston;

Republicans voting No

Altman, Charleston;

Not voting

Democrats: Anthony, Union; J. Brown, Columbia; Govan, Orangeburg; Howard, Columbia; Lloyd, Walterboro; Rhoad, Branchville; Rivers, Ridgeland;

Republicans: Cotty, Columbia.

(The Associated Press contributed to this report.)

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Dan Hoover covers politics and can be reached at 298-4883.