Rush is on to file lawsuits before new state limits take effect

ST. LOUIS -- St. Louis circuit clerk office workers are struggling to keep pace with the rush of lawsuits being filed -- personal injury cases, wrongful death and medical malpractice suits.

The dog days of August are normally slow, but not this year. Sunday is the last day before a new state law severely limits lawsuits. Starting Monday, restrictions are placed on where suits can be filed and how much can be awarded. The so-called tort reform measure was passed by lawmakers and signed by the governor earlier this year.

"Everybody I talk to is crazy busy right now," said Sara Schuett, executive director of the Missouri Association of Trial Attorneys.

In St. Louis, a city with the reputation for having juries allowing generous lawsuit awards, lawsuits are up fourfold during the first three weeks of August this year compared to 2004. Nearly 1,000 new lawsuits were filed -- 300 on Tuesday alone, the St. Louis Post-Dispatch reported Thursday.

In St. Louis County, major civil filings have doubled this month to more than 600. In Springfield, suits filed in Greene County are typically five a day. In the last week, there have been 50 to 60 per day.

But not every venue is seeing a similar spike. Courts in St. Charles County, Boone County and Jackson County, home to Kansas City, for example, have not seen significant increases, the Post-Dispatch said.

Attorneys are eager to file in courts considered more sympathetic to plaintiffs, such as the city of St. Louis. The new state law restricts where lawsuits can be filed to the jurisdiction where the alleged wrongdoing or injury occurred. The old law provided a range of options, including filing where the injury occurred, where the plaintiff resides or where the defendant resides or can be found. This would end what supporters of the law call "venue shopping."

The new law also reduces the limit on pain and suffering damages to $350,000 from $579,000. It places a cap on punitive damages at $500,000 or five times actual damages. Missouri's new law affects all tort lawsuits, which includes a variety of cases such as medical mistakes, slip-and-falls, vehicle accidents and faulty products.

Supporters of the bill, including the Missouri Chamber of Commerce, say the recent rush to file lawsuits demonstrates the problem with frivolous cases and outrageous awards. Critics say the new law unfairly hampers a plaintiff's ability to seek compensation for injuries and will curtail access to the courts.

Thomas Stewart, a plaintiff's attorney in St. Louis, said he skipped his family's annual August vacation in Breckenridge, Colo., to make sure all his cases are filed.

But, Stewart said, the new law's deadline has forced attorneys to sue when out-of-court settlements might have been possible. "No question this is causing suits to be filed that otherwise might have been avoided," he said.

Attorneys also are filing cases because they are afraid of being sued themselves. If they fail to file a lawsuit before the deadline and that restricts a client's ability to sue, that attorney could be held liable.

Doctors and businesses, too, have noticed a recent spike in new lawsuits against them. The Washington University School of Medicine, which supplies physicians to hospitals like Barnes-Jewish, said it has seen an increase in notices of pending suits.

In St. Louis, Circuit Clerk Mariano Favazza said he expects to see a long line of attorneys on Friday. In fact, he decided to keep the clerk's office open from 9 a.m. to 1 p.m. Saturday for any last-minute lawsuits.

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Information from: St. Louis Post-Dispatch, www.stltoday.com