Tort reform gains final passage in General Assembly

ATLANTA — A tort reform bill Republican Gov. Brian Kemp made his top priority for this year's legislative session gained final passage in the General Assembly Friday.

The Georgia Senate's GOP majority voted 34-21 to agree to changes the state House of Representatives made to the bill, sending it to Kemp's desk for his signature.

Supporters of Senate Bill 68 argued tort reform is needed in Georgia to reverse a pattern of excessive jury awards in civil lawsuits they said are driving up liability insurance premiums, making it harder for the small businesses that are the state's economic mainstay to grow and create jobs.

"Georgians from across the state are asking for a more fair and balanced civil justice system," Senate President Pro Tempore John Kennedy, R-Macon, the bill's chief sponsor, said before Friday's vote. "Everyday Georgians are struggling to make ends meet. ... We need to do something about this."

Most sections of the measure deal with how trials of lawsuit should be conducted in Georgia, including when plaintiff lawyers can argue for non-economic damages, when discovery can begin, and when lawyers on either side can request dismissal of a case.

But most of the controversy surrounding the bill involves its "premises liability" provision governing when plaintiffs can sue business owners after suffering injuries during the commission of a crime by a third party outside the owner's control.

After an outcry from victims of sex trafficking and their lawyers, the House amended the bill to carve out those victims from the legislation.

But opponents said the carveout doesn't go far enough. On Friday, Sen. Elena Parent, D-Atlanta, tried unsuccessfully to amend the bill to expand the carveout to include all sex crimes where the victim is a minor or a senior citizen.

"Why should they not have the same rights?" she asked her Senate colleagues. "It makes no sense."

Other changes the House made to the bill based on feedback from hours of testimony give discretion to trial judges over whether to let defense lawyers introduce evidence involving whether a victim of an auto crash was wearing a seatbelt and give victims the right to avoid testifying multiple times during a trial if doing so would prove traumatic.

But critics remained dissatisfied with the overall bill, calling it a shield from liability for businesses that denies victims their day in court.

"Lawmakers have decided that protecting corporations and insurance companies is more important than protecting victims," Parent said.

Kennedy objected to Parent's characterization of the measure. He said Kemp would never do anything to take away the rights of victims of human trafficking, considering that his wife — First Lady Marty Kemp — has long been a leading advocate for cracking down on sex traffickers.

Sen. Colton Moore, R-Trenton, the only Republican who voted against the bill Friday, said it won't necessarily fix what supporters say is wrong with the civil justice system.

"There's no guarantee whatsoever that insurance companies are going to reduce rates," he said.

On the other side of the aisle, only two Democrats — Sens. Ed Harbison of Columbus and Emanuel Jones of Decatur, voted for the legislation.

Business groups praised Kemp and the General Assembly for passing tort reform.

"This is a big victory for Georgia's small businesses," said Hunter Loggins, state director for the National Federation of Independent Business. "Lawsuit abuse has driven up the cost of insurance and made it hard for small business members."

"Governor Kemp and Georgia lawmakers have taken a bold step to restore fairness and balance to our legal system," added Ben Cowart, vice president of Georgia Retailers. "By reducing the risk of excessive jury verdicts, this legislation will discourage frivolous lawsuits, encourage new investment, and create jobs across the state."