Progress made on tort reform

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Neither bill is perfect, and both still have to make it into law. But it's clear most legislators are understanding that they need to pass laws that make South Carolina more competitive so businesses can prosper and state residents can find high-paying jobs.

Gov. Mark Sanford came into office determined to push issues such as tort reform for what they mean to creating jobs and attracting capital investment to this relatively poor state. And this year, many of the state's top business leaders decided it was time to quit whining and take action. South Carolina Chamber of Commerce Chairman Mack Whittle of Greenville, along with the leadership of the Palmetto Institute, the S.C. Council on Competitiveness and the Palmetto Business Forum, joined forces to advance a pro-business agenda that will improve this state's economic climate.

South Carolina's lawsuit-friendly environment was a major obstacle to improving competitiveness. And this state was falling further behind as other states started getting the message that companies and entrepreneurs are looking to locate in a place where their hard work and investments aren't threatened by runaway juries.

The House, which had passed a tort reform bill last year, passed a stronger one last week. House Speaker David Wilkins of Greenville has been called a champion of business for making sure this bill got through the House. Along with Rep. Harry Cato of Travelers Rest and a few other representatives, Wilkins is to be commended for pushing a bill that has teeth.

The House bill ends "jury shopping" by requiring a case to be filed where the defendant lives or the action occurred. It increases sanctions against frivolous lawsuits. It reduces the statute of repose, the number of years one has to file a lawsuit against a homebuilder or construction company, from 13 to eight years. And it abolishes the concept of joint and several liability, where a plaintiff with deep pockets and only a fraction of the fault could end paying most of the damages. Some minor problems remain with joint and several liability that should be addressed by the Senate.

On medical malpractice, the Senate agreed to limit non-economic damages, those for pain and suffering, to $350,000 per entity, up to $1.05 million. States are slapping limits on pain and suffering awards — not those to cover the actual damage — to help doctors who say their practices are hurt by spiraling insurance premiums and to help patients who are best served by affordable and accessible health care.

This represents meaningful reform last week in the House and Senate. Ultimately, South Carolina residents will benefit when these bills, with a little tweaking, become law.