Copyright 1999 The Tribune Co. Publishes The Tampa Tribune
The Tampa Tribune
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April 30, 1999, Friday, FINAL EDITION
SECTION: FLORIDA/METRO, Pg. 6
LENGTH: 407 words
HEADLINE:
Senate poised to vote today on tort "reform';
BYLINE: MARGARET TALEV, of The Tampa Tribune;
BODY:
TALLAHASSEE - The long-running battle
over the future of personal injury lawsuits now hinges on the Florida
Senate, which will vote on tort "reform" today in the closing hours of the
legislative session.
Herds of lobbyists for corporations and for
their opponents, trial lawyers, began their final descent on senators
Thursday after House and Senate negotiators settled on compromise legislation
both chambers will take up for a vote.
The House is expected to
easily pass the compromise, crafted by Sen. Jack Latvala, R-Palm Harbor,
after days of behind-the-scenes meetings with lobbyists. But how the Senate will
vote remains up in the air. Supporters of the tort "reform" package say it
will improve Florida's business climate, curb frivolous lawsuits and even
reduce insurance rates and product costs for consumers.
Opponents say
the measure will prevent injured citizens from collecting enough money to pay
for their medical bills, and will give corporations so much protection
that they will no longer be motivated to create safe products or fix
defects.
The legislation would require an injured person, before
collecting unlimited punitive damages, to prove a company intended to hurt
the user.
It would help co-defendants who have a small share of
responsibility for an injury but can now be forced to pay other
defendants' shares. Those less than 10 percent responsible would pay only
their share of damages, under the plan. If the person injured were in any
way responsible, defendants might have to pay only half as much as if the
injured person had no role.
People who are drunk or on drugs when they
are injured could have a smaller chance of collecting damages.
People injured by defective products more than 12 years old could not
sue the manufacturer in most cases; manufacturers of airplanes, railroad
equipment and vessels would be shielded after 20 years. And people who
developed diseases years after coming into contact with a product would have
to prove the product was no more than 12 or 20 years old when they came
into contact with it.
Rental car companies and individuals who lend
their automobiles to people who hurt others in an accident would be
protected from having to cover more than $ 500,000 in damages, and in some cases
would have to cover no more than $ 100,000. Margaret Talev covers
state government and can be reached at (850) 222-8382.
NOTES: LEGISLATURE '99
LOAD-DATE: May 1, 1999 
