A national tort-reform group
labeled Hampton County the third-worst "judicial hellhole" in the
country Thursday, though one attorney in that county accused the
group of being driven by special interests.
The American Tort Reform Association ranks U.S. courts annually
by how friendly they are to personal-injury lawyers. If a court
attracts lawsuits because it is perceived to produce positive
outcomes or high-dollar verdicts, it receives a low
ranking.
Occupying the top spots in this
year's list were Illinois' Madison and St. Clair counties, each home
to more than 250,000 people, while Hampton County's population is
slightly more than 21,000.
The group attributes higher consumer costs, the so-called "tort
tax," to these courts, as well as higher health-care costs.
Characteristics of problem courts, according to the group, include
the abuse of the legal process, certification of class-action
lawsuits, the proliferation of junk science and the prevalence of
venue shopping.
Through South Carolina's venue laws, plaintiffs in civil cases
are allowed to file suit in any county where a company does business
or owns property. Though the law applies to all the state's 46
counties, Hampton County juries have gained a national reputation
for being plaintiff-friendly.
In 2002, 67 percent of the lawsuits filed in the mostly rural
county were brought by plaintiffs living outside the county or even
the state, according to a 2003 study by the Hampton County Economic
Development Commission.
"It's blatant venue-shopping, what you see going on in Hampton
County," said Will Folks, spokesman for Gov. Mark Sanford, a strong
advocate of overhauling the state's existing tort law.
Sanford favors changing rules about where a plaintiff can bring a
suit. Other proposals from the governor include capping jury awards,
making each defendant liable for only the damages they caused, and
allowing acts of negligence such as not wearing a seat belt to limit
the amount of damages a plaintiff can collect.
The proposals are included in prefiled House and the Senate bills
that state lawmakers will begin taking up in January.
Hampton County lawyer Johnny Parker called the American Tort
Reform Association an industry group supported by Fortune 500
companies looking out for their own interests.
"The legislation they seek will hurt the average citizen and
benefit major corporations that are guilty of wrongdoing," Parker
said.
His firm, Peters, Murdaugh, Parker, Eltzroth & Detrick, has
used the venue law to bring many out-of-county defendants before
Hampton County juries. The firm frequently has faced CSX, a
Florida-based rail company with tracks that run through Hampton
County.
Parker said CSX was one of the forces advocating changes to tort
law. But South Carolina juries typically have awarded verdicts that
are much lower than the national average, Parker said, citing a
yearly survey done by Jury Verdict Research. Hampton County juries,
he said, have ranked below the state average.