Lawmakers talk torts at capitol

By Staff
Sept. 7, 2002
JACKSON (AP) Senators took a broad approach Friday toward changing Mississippi's civil justice rules, voting 36-15 to cap pain-and-suffering awards at $250,000 for all types of civil lawsuits.
That contrasts with a plan the House approved Thursday to cap pain-and-suffering awards at $1 million only in medical malpractice cases. Judges could ignore the House cap in cases of gross negligence, but the Senate plan would not allow exceptions.
The Senate also voted to limit punitive damage awards, while the House did not.
Three negotiators from each chamber will start meeting early today to work out differences, stretching a special session into its third day. The full House and Senate return to the Capitol Sunday afternoon.
Legislators said neither chamber has tried to limit actual damage awards, which cover medical costs and other expenses related to repairing harm that prompts a civil suit.
But David Baria of Jackson, president of the Mississippi Trial Lawyers Association, said the Senate-passed bill would cap actual damage awards at $250,000.
There are many concerns with this whole bill,'' Baria said.
Dr. John Cook of Brandon, president of the Mississippi State Medical Association, praised senators for approving proposals to help businesses as well as health care workers.
Reforms adopted by the Senate are what's needed to keep physicians from leaving the state, clinic doors open and small businesses from closing,'' Cook said.
However, House Speaker Tim Ford, D-Baldwyn, said the Senate approach in allowing broad civil justice reforms could jeopardize changes meant to help doctors.
Only a governor can call a special session, and only he can set the agenda. So far in his agenda or call'' for the session, Gov. Ronnie Musgrove has not given legislators free rein to consider general changes to the civil justice system.
Some senators who oppose general tort reform raised that point Friday, but Lt. Gov. Amy Tuck said lawmakers were not limited in what they could consider.
Ford later disagreed with Tuck's ruling.
I understand that the Senate has more liberal interpretations than the House, but I don't think they can go outside the scope of the call,'' Ford said.
Tuck said she is not worried that Senate actions might ultimately kill attempts to help doctors.
I think that today the message was we want to make reforms in the area of medical malpractice and civil justice,'' she said.
Sen. Tommy Robertson, R-Moss Point, sponsored the amendment to cap all pain-and-suffering awards at $250,000.
We saw where some other states had done this and it helped the business climate in their states,'' Robertson said.
Some senators said a $250,000 cap would hurt people who face large expenses over long periods of time.
There's no way that 25 years in a wheelchair is worth $250,000. Your opinion is they are not worth $250,000 or not more than $250,000,'' Sen. Gloria Williamson, D-Philadelphia, said to Robertson.
Robertson said actual damage awards should cover the expenses of people who win civil suits.
Senators voted to limit punitive damage awards to three times the actual damages awards or $3 million, whichever is higher. If the defendant is an individual or a business with fewer than 50 full-time employees, punitive damages would be limited to two times the actual damages or $2 million or 3 percent of the defendant's net worth, whichever is lowest.
Musgrove called the special session for two reasons. He wanted legislators to approve a new spending bill for private prisons, and he wanted them to change state laws to help doctors and other health care workers get medical malpractice insurance coverage.
Musgrove has said if legislators address those issues, he will expand the session agenda to let them consider general changes to the civil justice system.
House and Senate appropriations leaders are killing the prison bill by refusing to bring it up for consideration.
The House and Senate have approved some similar points. Both plans say civil suits can be filed only in the counties where alleged wrongdoing takes place.
The House rejected Musgrove's proposal to establish a state-sponsored medical malpractice insurance pool, while the Senate kept the concept of a pool without providing money to start one. Musgrove wants the state to issue $10 million in bonds to start the pool, with the money to be repaid by pool members' premiums.
Dozens of spectators were at the Capitol Friday business people and health care workers who want changes in the civil justice system and trial lawyers and their clients who oppose changes. Numbers for both sides had dwindled considerably since Thursday, when hundreds turned out to lobby lawmakers.
To start debate Friday, a Senate committee gutted a House bill that had passed the day before and inserted provisions Musgrove wanted. The full Senate then spent more than four hours debating several amendments.
The bill is House Bill 2.