House takes up
lawsuit limit bills
JIM
DAVENPORT Associated
Press
COLUMBIA, S.C. - A mountain of amendments
stood in the way of a bill that would limit liability and jury
awards in lawsuits, dashing efforts by House supporters who wanted
to quickly agree with a Senate version of the legislation.
The Senate approved a House bill last week, and House supporters
wanted to quickly give it final approval after passing the body
passed the state budget Tuesday.
But Rep. James Smith, D-Columbia, said the bill has a fundamental
flaw. He carted 11 boxes stuffed with about 8,000 amendments to the
House floor. There were so many that Rep. Doug Jennings,
D-Bennettsville, said he would have added more than a dozen or so
amendments but Smith "used all the paper."
Smith said the bill would leave accident victims with less or no
money.
"Everybody agreed it was inequitable," Smith said. But "we
couldn't get everybody in the same room to talk about it." The paper
blizzard "certainly did that," he said.
Supporters immediately invoked a House rule that prevents
representatives from adding to the pile of amendments and limited
debate to six minutes.
Even then, it would take more than a month to dispose of the
amendments.
Supporters huddled and came up with a plan to introduce a second
piece of legislation that would address Smith's concerns. They got
key lawsuit limit supporters in the Senate to agree to passing that
bill, but Smith said they weren't hitting the mark.
Just before 6:30 p.m., hopes for going home early this week
faded.
"We obviously have not reached an accord on the language on that
second bill," said House Speaker David Wilkins, R-Greenville.
Wilkins hoped that could be worked out overnight.
"If we don't have an agreement, we're going to be here a long
time and for a lot of days," Wilkins said. That also could scuttle
plans the House had to take next week off. "It is my intention not
to go home without dealing with tort reform because I do not think
we should take a week off with tort reform on the calendar," Wilkins
said before the House adjourned.
Smith said it would be better to simply amend the bill instead of
passing a second bill to clean it up. "Why pass a flawed piece of
legislation?" he asked. There's no way to be certain the Senate will
pass that bill, he said.
As it stands now, the legislation says:
_ People injured in accidents would collect less in lawsuits from
defendants whose share of blame is under 50 percent.
_ People will have to bring lawsuits in the counties where an
injury occurred or where the defendant lives or does business.
Supporters say 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. |