COLUMBIA, S.C. - House members gave key
approval on Wednesday to a tort reform bill that could bring
sanctions to people and lawyers who bring frivolous lawsuits.
The bill, which was given second reading on a 79-32 vote, also
puts a cap of $2 million on non-economic damages, like pain and
suffering and economic distress and limits the venue where a lawsuit
can be filed.
If a judge determines that a lawsuit is frivolous, the plaintiffs
and lawyers could have to pay court costs and other fines.
Lawmakers were divided on the legislation. Supporters said the
state's legal system has excessive lawsuits filed and awards paid
out.
"The people of this state believe that our civil justice system
is broken, and it's our responsibility to come back and try to fix
it," said Rep. Bill Sandifer, R-Seneca.
But opponents said the legislation shuts the door of the legal
system on ordinary citizens and instead benefits wrongdoers.
Some lawmakers said it was unfair to allow juries to decide on
death penalties and prison sentences, yet limit them on the amount
of damages they can award in a civil case.
Yet the group of doctors, insurers and other businessmen called
South Carolina First who have backed the bill say they'd like to see
the caps on damages lowered even more.
Cam Crawford, executive director of South Carolina First, said
the bill is a positive step, but his group would like to see even
tighter reforms. Legal reform affects economic development and
access to quality health care, Crawford said.
Many health care professionals are getting out of the specialties
of obstetrics, emergency care and surgery because the medical
malpractice insurance is too high, Crawford said.
And having poor venue laws keep businesses from locating in South
Carolina, he said.
The South Carolina Chamber of Commerce also supports the bill,
but wants to see more limits on damages juries can award and other
changes. The group plans to try to make the bill tougher when it
gets to the state Senate.
Opponents say the bill puts too many restrictions on victims
trying to file lawsuits.
Currently, a victim in a car accident can file a lawsuit in their
county of residence, the county where the defendant lives or the
county where the accident occurred. Under the bill, the suit could
only be brought where a defendant lives or where the accident
occurs.
Rep. Todd Rutherford, D-Columbia, said he represented the family
of a 3-year-old girl killed when the car her mother was driving was
rear-ended by an 18-wheeler.
The proposed venue statute prohibits the girl's family from
filing the case in another county where the jury may give them more
money, Rutherford said. The bill protects the truck driver, he
said.
"Go find the family of that 3-year-old little girl that was run
over by that 18-wheeler and tell them that you don't think that
trucking company or that trucker ought to be sued in Hampton County
because he might have to pay a lot of money," Rutherford said.
The medical malpractice bill also was given second reading on a
91-25 vote. Rep. Doug Smith, R-Spartanburg, who sponsored the bill,
said the goal of the proposal was to improve health care services by
making the system more accountable.
The bill sets a $300,000 cap on awards for pain and suffering and
establishes a procedure that must be followed before a person can
file a lawsuit.
"It takes doctors out of the courtroom puts them back with their
patients, and provides patients with a better, more effective, more
accountable way to address and fix real problems," Smith
said.