Civil justice reform levels playing field

Published 5:00 am Monday, June 7, 2004

In what may be the most significant economic legislation in manyyears, a bill that reforms the state’s civil justice system passedthe legislature Friday morning and has been sent to the governorfor his signature.

The legislation is important in that it addresses an economicissue that has plagued this state for a number of years – one thathas made Mississippi the poster child for lawsuit abuse and in turnheld back economic development and job growth. Yes, we have seengrowth, but no doubt not at the level other southern states areseeing.

While tort reform opponents lament that the legislation turnedits back on the people of Mississippi and now gives the rich andpowerful the upper hand, we have to respectively disagree. Thelegislation sent to Gov Haley Barbour does just the opposite.

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It opens opportunity for the people of Mississippi throughpotential job growth and economic development. The people who havebeen hurt are the small group of trial lawyers who have putmillions upon millions of dollars in their own pockets preying onthe misfortune of others.

There is no doubt over the years large jury awards werejustified for the negligent actions of some in the business andmedical communities.

But on the same token, there are those in the legal community inthis state who saw opportunity to make more than a buck. Just lookat a few billboards along the interstate to find some goodexamples.

Lawsuit abuse did not just affect big business and the medicalcommunity.

It affected small, locally-owned family businesses around thestate – the businesses that, as a collective group, account for themajority of the jobs in Mississippi. Even this newspaper has feltthe effect with several lawsuits over the past few years, includingone as recently as last year asking for $35 million in damages.

Fear of lawsuits has a chilling effect on small business ownersand limits their entrepreneurial spirit. These small independentbusiness owners are the ones who are the foundation of the economicengine that drives this state – not the big guys. That chillingeffect slowed investment and caused more than a few to give up.

Individuals who are victims of negligence by the hand of othersstill have the same rights for redress as they had before. The onlydifference now is that the abuse of the legal system by a few hasbeen abated for now and the playing field has been leveled.