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Senate Sends Governor Legislation Restricting Liability Lawsuits

April 21, 2004
By: Missy Shelton
State Capital Bureau

After delays by the Democratic Floor Leader and the Democratic Lieutenant Governor, the Senate sent the governor a measure that restricts liability lawsuits.

Missy Shelton reports.

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The delay tactics by some democratic senators prompted a rare rebuke from a senior democrat, Jim Mathewson.

He spoke directly to Democratic Lieutenant Governor Joe Maxwell who presided over the senate.

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Ultimately, the GOP majority prevailed and forced a vote on the proposal, which limits jury awards in medical malpractice lawsuits and restricts where liability lawsuits can be filed.

The senate rarely shuts off debate and forces a vote.

Ken Jacob, who had engaged in a fillibuster to stop the bill criticized Republicans for ignoring the traditions of the senate.

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But Republican Senator Charlie Shields said Jacob had no right to invoke the traditions of the senate

Some of Jacob's democratic colleagues succeeded in adjourning the senate just one day earlier, delaying passage of the liability legislation.

Shields says those democrats disregarded senate tradition.

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The measure that now goes to the governor's desk restricts liability lawsuits.

Democratic Senator Ken Jacob says it's bad public policy.

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But the bill sponsor, Republican Senator Delbert Scott says the measure is designed to lower medical malpractice insurance rates, which he says are being driven up by large awards in malpractice lawsuits.

Scott says the high insurance rates are driving doctors out of the state.

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The bill is similar to a measure Democratic Governor Bob Holden vetoed last year.

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