STATE SENATE hearings are scheduled for today in Harrisburg on
the familiar arguments over how much someone should get in a lawsuit
for pain and suffering.
But there is a relatively new voice in this debate. It's not just
the doctors who want to hold their liabilities down. Private
businesses are now also on the bandwagon, demanding that caps be
placed on what they should pay someone hurt by a product or at the
workplace.
Last year, the state House approved an amendment that would cap
lawsuit awards for non-economic damages.
State Sen. Stewart Greenleaf of Montgomery County is chairing
hearings on the the Senate version of the proposed amendment. The
Senate has until the end of the year to approve the measure.
It shouldn't be for the same reasons that Mothers Against Drunk
Driving, Smoke-Free Pennsylvania, the AFL-CIO and others scheduled
to testify have been arguing: The amendment gives companies too free
a license.
This page supports tort reform and a cap on pain-and-suffering
awards as a way of addressing the medical malpractice crisis which
has hit Pennsylvania doctors hard.
But the tort reformers in Harrisburg have gotten greedy, and are
now trying to give businesses blanket protection from tough
lawsuits.
According to the Harrisburg Patriot News, Sen. Majority Whip Jeff
Piccola, who has led the charge on capping pain-and-suffering awards
for doctors, is also leading the drive to expand the protection to
private businesses as well.
"There are products not being manufactured in Pennsylvania, there
are jobs not being created in Pennsylvania, because of high lawsuit
awards."
Really? And here we thought the state's slumping economy was due
to an under-educated work force, lack of government investment and
high taxes. Who would have guessed it was those evil lawyers
again?
The lawyers are now firing back. On Friday, the Pennsylvania
Citizens for Fairness (otherwise know as the state trial lawyers)
called for Piccola to recuse himself from the caps debate because
they discovered the senator is a director of the Eastern Atlantic
Insurance Co. and the Builders Direct Insurance Co. Given this
conflict, recusal seems a good idea.