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House OKs Bill on Lawsuit Reform

Posted on: Wednesday, 8 March 2006, 09:00 CST

By Mick Hinton, Tulsa World, Okla.

Mar. 8--OKLAHOMA CITY -- A lawsuit reform bill that would cap pain and suffering awards at $300,000 was ap-proved on a 7-3 party-line vote Tuesday in the House Judiciary Committee. "This bill does nothing to help the average Oklahoman; this bill does everything to help corporate America," said Rep. Terry Harrison, D-McAlester. The $300,000 cap is being sought because many states have considered that limit on noneconomic damages, said Rep. Fred Morgan, R-Oklahoma City. The Democrat-controlled Senate failed to pass a watered-down version of lawsuit reform Monday, said House Speaker Todd Hiett, R-Kellyville. "Really, the key to meaningful, comprehensive lawsuit reform lies in the state Senate," he said. Hiett is counting on the Republican majority in the House to pass his bill, which could run into trouble in the Senate. Harrison said during committee debate that if a stay-at-home mother were injured by a drunken driver, she would be entitled to only $300,000 in noneconomic damages. But Morgan said the victim's actual damages such as medical expenses would be covered. If a family had "to hire a housekeeper or a nanny, those would be recoverable damages," he said. "This is simply trying to build some parameters around pain and suffering, and why one person's pain and suffering should be different than another person's pain and suffering." House Bill 3120 also would cap certain attorneys fees at 30 percent of a settlement of as much as $250,000, 20 percent of a settlement of as much as $1.25 million, and 10 percent for higher settlements. The bill also would eliminate contingency fees in class-action lawsuits. However, if attorneys could show certain expenses to the court, their fees could be recalculated. "If you eliminate contingency fees, only the rich and big corporations will be able to afford legal representation," Harrison said. The bill also would place a 10-year statute of limitations on a plaintiff filing a product liability action. Harrison said farmers, such as his mother, have equipment that they use for more than a decade. If someone lost an arm because of faulty machinery, the company could not be held liable, he said. But Morgan said the intent is to place some kind of limitation on the filing of lawsuits. ------------

Mick Hinton (405) 528-2465 mick.hinton@tulsaworld.com

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Copyright (c) 2006, Tulsa World, Okla.

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Source: Tulsa World

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