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Article published Mar 8, 2005
Sanford on 'Tort Tour'
WELLFORD -- It wasn't exactly
the shootout at the OK Corral, but Gov. Mark Sanford rode into town Monday to
call out three state senators to help end a filibuster over a key tort reform
issue.Sanford visited Johnson's Hardware to urge Sen. John Hawkins,
R-Spartanburg; Sen. Glenn Reese, D-Boiling Springs; and Sen. David Thomas,
R-Greenville, to vote to quash a filibuster that is preventing a vote over
abolishing joint and several liability.Hunter Howard, president and CEO of the
state Chamber of Commerce, and Michael Fields, state director for the National
Federation of Independent Business, joined Sanford on his "Tort Tour," which
also included stops in Columbia and Myrtle Beach.The hardware store is in
Hawkins' district, and Sanford asked Hawkins to live up to the promise that he
made -- after a narrow victory in the Republican primary last June -- to be more
supportive of the governor's agenda."He had that near-death experience in the
election and said he was going to jump on the bandwagon," Sanford said. "I'm
here today to ask him for his vote."Hawkins, an attorney, said that he
appreciated Sanford's visit, but that he wasn't going to compromise on his
beliefs."Nothing I heard today changes my position that abolishing joint and
several liability could harm people in my district," Hawkins said. "I'm in favor
of tort reform, but I want to do it in a way that is fair to people who have
suffered an injury."Joint and several liability -- also called the "deep
pockets" rule -- says if multiple parties are responsible for a person's
injuries, one party could be forced to pay an entire award if the others can't
pay even if that party had the least responsibility for the injuries.Hawkins
prefers a threshold of responsibility that would allow an injured party to
collect all of the damages a jury awards.Sanford enlisted the help of Maggie
Cox, a 10-year-old Fairforest Elementary School student, to illustrate why he
opposed that idea. If someone was injured and Maggie was 20 percent responsible
and Sanford was 80 percent responsible, the governor said, Maggie could be
forced to pay all of the damages under one proposal.But Patrick Knie, a
Spartanburg attorney, said Sanford's idea of totally eliminating joint and
several could leave taxpayers to pick up the tab for an injured person's
care."It may save money for one business who has some fault, but it could
transfer the responsibility to taxpayers who have no blame," Knie said.Howard
called a vote to abolish joint and several a vote for small businesses and its
workers. Fields said that the threat of lawsuits was stifling innovation and
economic development in South Carolina.Hawkins said that's what they are paid to
say."They represent special interest groups. I represent the people of my
district," Hawkins said.Hawkins said it was unfair of Sanford to try to paint
him as being against tort reform when he supports four of five issues the bill
addresses. He said he's in favor of eliminating venue shopping, discouraging
frivolous lawsuits and limiting attorney advertising (a provision he
introduced).He also made the motion, which the Senate approved, to reduce the
statute of repose -- the time a homeowner has in which to sue a builder for
construction defects -- from 13 to eight years.Reese was out of town on
business, but said he wouldn't have attended Sanford's news conference anyway.He
said the campaign by Sanford and Howard -- who sent an e-mail to state Chamber
members Thursday asking them to call senators and pressure them to end the
filibuster -- could backfire."I've had more phone calls from people who have the
opposite view," Reese said. "I'm more concerned now than I was before."Robert W.
Dalton can be reached at 562-7274 or bob.dalton@shj.com.