Tort Reform Overdue

From the Charleston Daily Mail January 8, 2004, Thursday
Copyright 2004 Charleston Newspapers

IN early 2001 in a final address to legislators before he left office, Gov. Cecil Underwood warned lawmakers that they must take action on tort reform.

“The tort system is out of control,” Underwood said in January 2001, the week before handing over the governor’s office to Bob Wise.

Underwood went on to say that “trial lawyers and a handful of lucky plaintiffs get rich” while others “pay many fold through increased insurance rates and decreased economic growth.”

In the years since Underwood warned lawmakers to take action, the situation has only gotten worse.

The state alternatively has been labeled a judicial “hellhole” and “tort hell” by national organizations. And a Texas-based tort reform organization has predicted that by 2006 the state’s civil justice system could cost the typical West Virginia household an estimated $ 998.

All is not lost, however, as House Speaker Bob Kiss earlier this week predicted that he would be surprised if tort reform were not a major issue during the legislative session that starts next week.

Republicans, too, are lining up to continue carrying the banner for tort reform and the issue will likely get more serious discussion this year than in years past.

It should. The time for continued tort reform in West Virginia is long overdue.

Our state remains only one of a handful that still allows third-party bad faith lawsuits.

It also is one of a few that have not acted to place reasonable caps on jury awards in recent years. Other reforms also are necessary, but these would provide a meaningful starting point.

Lawmakers did take action last year on medical malpractice reform, limiting jury awards. Proponents of tort reform hope to use that action as a wedge to drive open the door to continued reforms this year.

I hope that happens, but only time will tell. With elections looming in May, state politicians may not want to tackle such a controversial issue as tort reform, even if it is the right thing to do.

As a parting challenge of his own to lawmakers, I would like to see Gov. Bob Wise take a play from Underwood’s book and become an advocate for further tort reform.

Reform of the state’s legal system is a legacy worth leaving.