Senate approves tort reform bill after seven-hour debate

JEFFERSON CITY, Mo. -- Before approving a bill to overhaul Missouri's civil litigation system, the Senate on Wednesday agreed to soften a provision that would make it harder for some victims of wrongdoing to collect financial damages.

At issue is the centuries-old legal concept of joint and several liability, under which a defendant only partially at fault for an injury can be required to pay an entire damage award if co-defendants in the case are financially insolvent.

As approved by the House of Representatives, the bill would eliminate joint and several liability. In future cases, defendants would pay only the percentage they were found at fault and no more.

State Sen. Matt Bartle, a Lee's Summit Republican and Senate judiciary chairman, initially offered an amendment that would have set a 15-percent liability threshold a defendant would have to reach before having to cover others' costs.

"A total elimination of joint and several would yield some painful results," Bartle said.

The amendment failed on a tie vote. Sixteen Republicans voted against the measure while 10 Democrats and six Republicans favored it.

A few hours later, Bartle returned with a compromise amendment that would set the shared liability threshold at 50 percent of fault. It passed 18-14.

After seven hours of debate, the Senate approved the overall bill on a 22-9 party-line vote. Differences between the House and Senate versions still must be resolved before the measure can by sent to Gov. Matt Blunt, a supporter of the bill.

Supporters of doing away with shared liability, including state Sen. Jason Crowell, R-Cape Girardeau, said it is unfair for parties only peripherally at fault to bear the burden for others' negligence.

"Under joint and several liability, we are holding people accountable for things they have no control over," Crowell said.

Justice not always fair

Although Crowell acknowledged eliminating shared liability would result in some victims going without compensation, he said there is no way to craft a civil justice system that always produces fairness.

Those who want to preserve some form of shared liability said the needs of victims should come before those who cause harm, even if they aren't the primary wrongdoer. Southeast Missouri's other two senators, Republicans Rob Mayer of Dexter and Kevin Engler of Farmington, favor that position.

Senate President Pro Tem Michael Gibbons, R-Kirkwood, noted that for a defendant to be held even slightly at fault, a jury must find that the injury wouldn't have occurred if not for that party's negligence.

Say, for example, a person leaves his car running and unattended while he pops into a convenience store. Someone steals the car and subsequently runs down and kills a pedestrian. While the car thief is clearly the main culprit, the pedestrian never would have died if not for the vehicle owner's negligence.

Under present law, if the thief had no money but the car's owner did, the latter would pay the full damage award. Under the bill, the owner would pay only his portion of liability if it were less than 50 percent.

Gibbons said the crux of the issue is which party should be left holding the short end of the stick.

"I don't want to leave the innocent plaintiff as the one who is left out," Gibbons said.

The bill contains two other major provisions. One would require lawsuits to be filed in the county in which the alleged injury occurred, preventing cases from being moved to jurisdictions with plaintiff-friendly reputations.

The other would cap damages for pain and suffering at $350,000 in medical malpractice cases. The cap is currently $579,000 and is adjusted annually for inflation. The bill would end such automatic increases. The House endorsed a $250,000 cap.

The Senate Judiciary Committee removed a House-approved provision that would also cap punitive damages in all cases.

The bill is HB 393.

mpowers@semissourian.com

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