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AJC.com > Legislature > Georgia Beat > Archives > 2005 > February > 10 > Entry
House debates cap on jury awards
The Atlanta Journal-Constitution
The debate over tort reform is entering its third hour at 1 p.m. today.
State Rep. David Ralston, of Blue Ridge, was one of the first Republicans to speak out against the reform legislation. Ralston, a lawyer, said the debate is being wrongly characterized as lawyer vs. doctor.
“What few people want to admit is this is really about insurance,” he said. “It troubles me to see we’re now meddling into and intruding into our judicial system. And here we’re being asked to put a value on human life. Look past all the chatter, the pressure, and do the right thing.”
Some House members applauded Rep. Rich Golick (R-Smyrna), a corporate lawyer with a large insurance company as his client, when he rose to question whether lawmakers should be passing this bill as he displayed parts of the U.S. and state Constitution on overhead projectors.
“I’ve got a real problem with his bill as a conservative,” Golick said. “I don’t believe the government should put itself in the place of a jury of 12 of our peers.”
Golick called it an “Am-I-going-to-sleep” at night vote.” He urged passage of an amendment with a $750,000 cap and exceptions for catastrophic illnesses.”
State Rep. Phyllis Miller (R-Snellville) argued that caps will hurt women, the elderly, the retired, children and the physically and mentally handicapped.
“Help me stop this train before it becomes a train wreck,” Miller said.
The debate over sweeping changes to the state’s civil justice laws opened at 11 a.m. this morning with remarks from Majority Leader Jerry Keen (R-St. Simons Island). “I believe we have more white coats and silk suits here than we do on the [fashion show] runways in New York,” Keen said as the debate opened inside the House chamber, the third floor halls jammed with lobbyists. “Let’s make this state a healthier, safer and more economic place to do business in.”
The House Rules Committee earlier today continued to use its new powers to try to control the debate over the reforms.
On a motion by Chairman Earl Ehrhart (R-Powder Springs), the Rules Committee voted to limit the bill’s floor debate to three hours. The House is set to begin debate over the bill that, among other things, would impose a cap on medical malpractice jury awards.
The Rules Committee voted Wednesday to send to the floor four proposed amendments to the bill and rejected nine others. One amendment would limit jury awards for a victim’s pain and suffering to $350,000 and another would allow up to $750,000.
On the opening day of the session, the new GOP leadership in the House pushed through rule changes that give the Rules Committee the authority to put a time limit on floor debates and to prohibit House members from submitting amendments on the floor on certain bills.
A similar version of the bill sailed through the Senate last month. Senate Bill 3 would cap “noneconomic” damage awards — those beyond compensation for lost wages and medical bills — at $250,000, or up to $750,000 if multiple defendants are found liable.
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