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Gov. Ed Rendell on Friday vetoed legislation that would have
broadly scaled back the obligation of defendants to pay damage
awards in some civil lawsuits, including medical malpractice.
The legislation, championed largely by Republicans and
opposed mostly by Democrats, would have unfairly restricted the
ability of victims to get compensation for their injuries or
damages, Rendell said.
Lawyers' groups and business advocates have lobbied heavily
over the issue for years. Competing legislation favored by the
Democratic governor failed narrowly in the Republican-controlled
Legislature.
"I believe we must find a better way - a law that will
balance the equities between our businesses and the victims of
negligence," Rendell said in a statement.
Republicans, business advocates and Rendell's presumptive
Republican opponent in the fall general election, Lynn Swann,
cried foul, saying that Rendell had signaled his support for
their legislation during his campaign for governor several years
ago. The legislation's sponsor, Sen. Jake Corman, R-Centre, said
he believed the bill was fair and would have freed businesses to
spend more on payroll and less on liability costs.
"We had to make hard choices and you have to weigh
anyone's right to sue anyone for anything against the ability to
have family sustaining jobs," Corman said in a telephone
interview.
The AARP and Mothers Against Drunk Driving had supported a
veto, Rendell said. Lawsuits over drunk-driving crashes,
environmental accidents and intentional actions would not have
been covered by the legislation.
The Republican-sponsored bill would have revived a 2002 law
that was never enforced before Democrats filed a legal challenge
and a court struck it down, citing procedural errors in its
passage.
The legislation would have prevented victims from suing
multiple defendants with one lawsuit. Also, defendants would
only have to pay a share of the damages proportionate to their
liability, unless they were at least 60 percent liable or their
actions were intentional.
Under current law, victims can sue multiple defendants and be
reimbursed for an entire damage award. If defendants do not have
enough money to pay their share, then the other defendants must
pay that share.
The legislation that Rendell favored would have lowered
financial penalties for defendants in cases where the plaintiff
bore some responsibility for an injury or damage.
That legislation failed 26-24 in the Senate in December and
100-99 in the House of Representatives last week.
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