Senate approves
lawsuit limits legislation
JIM
DAVENPORT Associated
Press
COLUMBIA, S.C. - The South Carolina Senate
wrapped up nearly three weeks of debate on legislation that limits
certain types of lawsuits, reaching a compromise Tuesday on who
should pay lawsuit settlements in cases involving multiple
defendants.
That was the biggest issue remaining in the legislation. A House
version of the bill eliminated the practice that forces wealthy
defendants to pay more than their share of a jury award.
The plan the Senate approved says defendants who are less than 50
percent responsible would not have to worry about picking up all the
damages. All defendants would pay their own share of the damages in
cases where nobody shares more than 50 percent of responsibility,
said Senate Judiciary Committee Chairman Glenn McConnell.
The existing practice is "just fundamentally unfair," said
McConnell, R-Charleston.
The legislation is a major step toward achieving a balance
between protecting citizens rights and the need to be competitive
economically, McConnell said. "We didn't throw the public's rights
out with it," he said.
The legislation touches on other areas, too.
_ People will have to bring lawsuits in the counties where an
injury occurred or where the defendant lives or does business.
McConnell says that will end the practice of shopping for a place
most likely to yield a sympathetic jury or large settlement.
_ Homeowners and others would have to discover shoddy
construction within eight years of buying a new home or building or
the could not sue. The current law is 13 years.
_ Lawyers would face sanctions for filing frivolous lawsuits or
motions.
_ Interest on lawsuit awards would be set at the prime rate plus
four percentage points. It's now fixed at 12 percent.
Under the compromise, the Senate gutted a similar House bill and
inserted its version of the legislation. They also agreed to give
that bill third reading Wednesday and send it to the House.
That's a "great step in the right direction," said House Speaker
David Wilkins, R-Greenville.
But it's step that has taken time, thanks largely to two senators
who tried to eliminate the liability sharing language. The Senate
Judiciary Committee's version of the bill said people couldn't
recover disproportionate awards from defendants who were less than
20 percent at fault.
Sen. Scott Richardson, R-Hilton Head Island, wasn't willing to
start that low. He and Sen. Greg Ryberg, R-Aiken, had drawn fire
from opponents and supporters alike for holding up the
legislation.
"We held out and I think we got a better agreement," Richardson
said.
"We won," Ryberg said.
The South Carolina Chamber of Commerce has made the issue its
most important in the lawsuit limit debate. On Monday, chamber
director Hunter Howard traveled the state with Gov. Mark Sanford and
others to put pressure on individual senators to eliminate the
practice that forces wealthy defendants to pay more than their share
of a jury award, known as joint and several liability.
One of the their targets was Sen. John Hawkins, R-Spartanburg. He
said the compromise was the best that could be made. "It's as fair
as we can get it under the circumstances," Hawkins said.
Sanford may be willing to go along with the compromise because
"politics is the art of the possible," his spokesman Will Folks
said.
The bill's second reading approval came with the support of all
but one senator - Sen. Phil Leventis, D-Sumter. The bill would hurt
small, South Carolina businesses and help large, out-of-state
corporations, Leventis said. "They'll send a legion of lawyers down
here and use very spongy rules to avoid culpability," Leventis
said.
"The whole problem with this tort reform movement is it takes
away the rights of the injured victims," said Fayrell Furr, past
president of the South Carolina Trial Lawyers Association. "At their
expense, it puts money in the hands of corporations and insurance
companies. It's not
fair." |