By Phillip E. Reeves
ABC's Sunday Night lineup features the popular "Extreme Makeover: Home Edition" with Ty Pennington and his crew dramatically overhauling a shack. Inevitably, when Ty shouts, "Move that bus!," the lucky family finds they are the recipient of a palatial mansion exceeding their wildest dreams.
While South Carolina's new tort reform bill lacks the drama of Extreme Makeover, we can yell "Move that bus!" The amendments contained in that act, if not dramatic in nature, establish a more equitable dispute resolution process for all South Carolina citizens.
The bill is aimed at both general civil and medical malpractice claims.
The General Business Tort Reform Bill includes the following:
* Joint and several liability - previously under this doctrine, where two or more persons were determined to be at fault in causing an accident, either party was responsible for payment of 100% of the plaintiff's damages. As such, a party only minimally at fault could be responsible for the entire judgment. Under the new act, a defendant has to be 50% or more at fault to be required to pay 100% of the damages. A defendant less than 50% at fault only pays his percentage of the damages.
* Venue - venue determines where lawsuits can be brought. The new act limits venue to those counties where the accident or event giving rise to the lawsuit occurred or where the parties reside. This limits "forum shopping".
* Sanctions The act contains sanctions for bringing lawsuits determined to be frivolous.
* The act changes the statute of repose, which governs the time for bringing certain actions from 13 to 8 years.
The Medical Malpractice Tort Reform Bill is largely aimed at limiting the amount of noneconomic damages that can be awarded and ensuring that those actions have merit. The essential amendments are:
* Noneconomic damages recoverable from a single health care provider cannot exceed $350,000. A plaintiff can name multiple defendants but can only recover a total noneconomic award of $1,050,000.
* Other economic damages (lost wages, medical bills, etc.) and punitive damages are not limited.
* Damages caused by gross negligence or reckless conduct are not limited.
* The parties to a medical malpractice action must participate in mediation.
* A party wishing to bring a professional negligence action must submit an affidavit with adequate evidentiary and expert support before filing the lawsuit.
The act becomes effective on July 1, 2005. On that date, the “bus” will roll away to reveal an amended civil justice system. While perhaps not the house of our wildest dreams, the act does create a more fair civil justice system for all. Call it "Extreme Makeover: S.C. Tort Reform Edition."
Phil Reeves, a shareholder at Gallivan, White & Boyd P.A., practices in the areas ofProducts Liability, Railroad and Commercial Transportation, Torts, and Insurance Practice/Insurance Coverage and Property. For more information, contact GWB at 864.271.9580 or visit www.gwblawfirm.com.
|
