Governor chooses wealthy personal injury attorneys over consumers, patients, hospitals and business
HARRISBURG, PA – The Pennsylvania Chamber of Business and Industry today said it was appalled by the governor’s veto of a critical lawsuit abuse reform measure he once supported.
“By vetoing Senate Bill 435, Governor Rendell has chosen personal injury lawyers over consumers, patients, hospitals, doctors, large and small businesses, and nonprofit organizations, just to name a few,” said Floyd Warner, president of the PA Chamber. “We are extremely disappointed in the governor’s actions and disgusted by his continued excuses for ignoring business leaders and the need to improve Pennsylvania’s business climate.”
On Friday, March 24th, the governor vetoed legislation that would have re-enacted the 2002 Fair Share Act, which was struck down by the courts last year on procedural, not substantive grounds. The law would have modified the unfair legal doctrine of joint and several liability, in which defendants held liable in personal injury lawsuits can be held responsible for 100 percent of the damages awarded, regardless of the percentage of fault. The system enables trial lawyers to go after companies merely because they have “deep pockets.” The Fair Share Act would have corrected this inequity and held defendants who are found less than 60 percent liable only responsible for the relative amount of damages.
As Governor-elect, Rendell supported the same reform language he has now vetoed. And when the original Fair Share Act was struck down by the courts, the governor said he was in favor of a rollback of joint and several liability, and was “hopeful” for new legislation.
“As candidate for governor, Rendell said he supported the Fair Share Act,” Warner said. “As governor, Rendell has provided no leadership for substantive change, instead choosing to wait until issuing his veto message to provide flimsy excuses for his flip-flop on the issue.”
Warner said ensuring the enactment of this key legal reform measure would have sent a much-needed positive message to Pennsylvania’s job creators.
“Inequities in our legal system are just another burden facing job creators; one more factor that has the potential to send job opportunities elsewhere,” he said, noting that the state’s tort laws were cited as one factor that led to the Commonwealth’s dismal 45th ranking in Forbes magazine’s recent Economic Freedom survey.
“The governor’s veto is counter to the will of a bipartisan group of lawmakers, who in two separate legislative sessions, have voted to modify a legal doctrine that 44 other states have already modified.”
In the larger picture, Warner said the governor’s latest actions make it clear he has no interest in supporting a true pro-jobs agenda, and has no interest in cultivating a relationship with any business organization for the purpose of fixing structural problems to the business climate that continue to hinder the Commonwealth’s competitiveness.
“How can private sector job creators expect to engage in a meaningful dialogue with the governor when he takes every opportunity to quash meaningful reforms to our economic structure?” Warner asked.
Reprint of the PA Chamber Press Release
The Pennsylvania Chamber of Business and Industry is the state’s largest broad-based business association, with thousands of members statewide representing more than 50 percent of the private workforce. More information is available on the Chamber’s website at www.pachamber.org