MISSOURI NEEDS TORT REFORM AND SENATE BILL 280 WAS A GOOD BEGINNING
JEFFERSON CITY -- We have become an increasingly litigious society. A few months ago, a federal court judge in New York threw out a class-action lawsuit that blamed McDonald's food for obesity, diabetes and other health problems in children. The judge said the plaintiffs failed to show the fast-food chain's products "involve a danger that is not within the common knowledge of consumers."
Here in Missouri, the economic and legal condition of our tort system has come under increasing criticism for being far too costly and incapable of administering fair and prompt awards. Increased litigation costs have burdened families and businesses with higher auto insurance premiums, reduced incentives for auto safety features, and contributed to higher medical costs.
This session the General Assembly passed Senate Bill 280, comprehensive tort reform legislation that did not solve all our problems but was certainly a good beginning. The governor, however, vetoed the bill claiming that: "In the end, passage of this bill would make it more difficult for aggrieved parties to seek redress for civil breaches and even simple justice."
Once again, the governor is just plain wrong. SB 280 was put together through hours of debate on the Senate and House floors.
Because of skyrocketing malpractice costs, doctors in Missouri have been fleeing to other states or worse, leaving the medical profession altogether.
SB 280 created protections for Missouri doctors encouraging them to remain in Missouri.
One of the most important provisions was limiting so-called "venue shopping." This is a common practice by trial attorneys to move lawsuits into plaintiff-friendly St. Louis City and Kansas City courts. These lawsuits often had no connection to the area.
This legislation also lowered the cap on noneconomic damages from $557,000 to $350,000.
Passage of tort reform is important not just to attorneys and doctors, it's vital for job creation in this state.
Missouri has lost 77,000 jobs in the last 18 months and part of the reason businesses are leaving our state - or don't want to locate here - is because of this Missouri's out-of-control tort laws.
We have all heard rumors that the governor plans to call a special session to address tort reform in September to coincide with Veto Session. I think that's a big mistake.
I believe the governor will find that the General Assembly will send him a bill almost identical to SB 280. That was the bill that both chambers of the Legislature could agree on.
Rather than waste thousands of taxpayer's dollars, Gov. Holden should call off the opposition and allow lawmakers to overturn his veto of SB 280.
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