Copyright 1999 The Tribune Co. Publishes The Tampa Tribune
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March 10, 1999, Wednesday, FINAL EDITION
SECTION: FLORIDA/METRO, Pg. 6
LENGTH: 507 words
HEADLINE:
House, Senate divided on scope of tort reform;
BYLINE: MARGARET TALEV and MICHELLE PELLEMANS, of
The Tampa Tribune;
BODY:
TALLAHASSEE - Gov.
Jeb Bush may share consumer advocates' concerns about a proposal to limit
punitive damages.
State lawmakers pushed forward Tuesday with
plans to limit personal injury lawsuits, known as "tort reform."
It's a move that could save businesses and insurance companies millions
of dollars and make Florida more attractive to out-of-state corporations -
but consumer advocates and trial lawyers say it also could put citizens at
risk. The House and Senate are expected to pass separate tort reform proposals
today, barely a week into the legislative session, and immediately begin
compromise efforts.
But among supporters, there is wide dissent on a key
provision of the legislation, a measure to cap punitive damages at $
250,000.
In a tense vote that Sen. President Toni Jennings, R-Orlando,
tried to stem, the Senate backed, 19-18, an amendment that may effectively
eliminate the cap.
"Now we all understand what it does now, right?" she
asked.
The House is poised to keep the cap on damages, except in cases
involving children, the developmentally disabled and nursing home
residents. A proposal to limit lawyers' fees, however, may limit nursing
home residents' ability to sue.
Meanwhile, at a secret meeting Monday
night at an undisclosed location, Gov. Jeb Bush sent his envoy,
legislative director Ken Plante, to tell lobbyists and lawmakers that the
governor has "concerns" about whether a cap is good public policy.
Bush hasn't made up his mind, and doesn't plan to step in until after
the House and Senate have passed their separate versions of the
legislation, Plante said.
Consumer advocates, from Ralph Nader to local
groups, have rallied against a punitive damages cap.
They say the
threat of punitive damages, which are rarely awarded by juries but can cost
corporations millions of dollars, scare car manufacturers and others into
taking safety precautions and quickly correcting errors.
Businesses say most companies keep their products safe to maintain
customer loyalty, while the threat of punitive damages inflates their
insurance costs.
Bush has indicated he will sign tort reform legislation
into law this year.
But key differences between the two chambers still
remain, with the Senate generally taking a line that leaves more doors
open for injured consumers to sue corporations.
For example,
disagreement remains on whether a product should be 12 years old or 18 years old
before its manufacturers are protected against lawsuits from injured
people.
One amendment passed by the Senate would remove any time limit
in cases where exposure to a product led to a disease detected years
later.
The amendment drew fierce opposition from numerous Republicans,
including Sen. Anna Cowin, R-Leesburg, who argued that it could lead to
lawsuits against potato chip manufacturers by people suffering from
clogged blood vessels. Margaret Talev and Michelle Pellemans cover state
government and can be reached at (850) 222-8382.
GRAPHIC: PHOTO 2,
Sen. Ginny Brown-Waite, R-Spring
Hill, gets a hug from Sen. Ron Silver, D-North Miami Beach, after her amendment
loosening the tort-reform legislation passed. COLIN HACKLEY, Tribune photo
NOTES: LEGISLATURE '99
LOAD-DATE: March 11, 1999 
