In the blink of a trial lawyer’s eye, Senator Bennie Turner (D-West Point) recently let proposed tort reform legislation die in the Senate. “Democracy” obviously was not on the Senator’s mind. Personally, I find it mind-boggling that the gentleman from West Point would not even let the issue of tort reform be discussed, let alone voted on. Of course, he is an attorney.
No one I know who is in favor of tort reform, as I am, believes that a person should not have the right to sue for damages. Such is a valid and necessary part of our judicial system. When someone is egregiously wronged, they should be able to receive just compensation. That’s the key word in the equation: “just.” Can millions of dollars thrown out like candy be considered just? Well, yes it can, especially if the jury pool that awarded it is conditioned to believe that all business is bad because profit is made off the little guy. That’s what the state of Mississippi is now up against, and evidently Senator Turner doesn’t realize it.
Those of us in business remember what happened in Alabama in the mid-90’s when Forbes magazine called the state “tort hell.” Businesses left in droves, including many insurance companies, when outrageous judgments were levied against several prominent corporations in that state. That is starting to happen here in Mississippi, now that Alabama has enacted tort reform. Trial lawyers are flocking to the state, especially in poorer, rural, less educated counties, such as Jefferson County, which has become a battleground for outlandish product liability lawsuits involving plaintiffs from all over the United States. Is this fair to the businesses on trial?
The bill that Senator Turner let die would have allowed either party in a malpractice case involving $5 million or more in damages to request that the jury pool include people from surrounding counties. This is reasonable to me, given what is currently taking place in Jefferson County. If such a bill had passed into law, then a strong precedent would exist for other businesses and industries being adversely effected by liability lawsuits. For now, the issue is moot.
Trying to justify himself on ETV’s “Quorum” call-in program recently, Senator Turner said that too much “emotion” is surrounding the issue of tort reform and he wanted to wait for more “facts and statistics” to be in place before addressing the issue. Facts and statistics? What more does the man want? I suppose when the last insurance carrier leaves the state, maybe then Senator Turner will consider forming a subcommittee to consider the possibility of eventually addressing what may be a need for tort reform. That’s how it would go.
It’s only a matter of time before what is happening in Jefferson County begins happening in Bolivar or Washington County. It already is happening with our medical facilities. Businesses cannot be run under constant fear of lawsuits. We are already regulated to death; we don’t need to be sued to death. But that day may be coming if some form of tort reform, as in Alabama, isn’t adopted in Mississippi.
We always welcome your comments. DBJ

Scott Coopwood
Publisher