Governor finds flaws with tort reform bill
Gov. Brad Henry has found “a number of flaws” in the tort reform bill passed last week by legislators, according to a letter he wrote to a Republican Senate leader.
The governor has until Saturday to approve or veto Senate Bill 507, which changes the way lawsuits are treated in court cases ranging from personal injury to medical malpractice.
Henry made the comments in a letter released late yesterday to Senate co-President Pro Tempore Glenn Coffee, R-Oklahoma City.
The governor’s correspondence was in response to a letter from Coffee, in which he asked the governor to approve the measure with the assurance another bill would be filed to clear up some provisions. Henry said the issues that would be corrected are minor, while he has found SB 507 “contains a number of flaws.”
“Although I have not completed my review of the 130-page bill, I have identified several additional areas of concern in my initial examination,” the Democratic governor wrote.
Henry also disagreed with Coffee’s assertion that SB 507 is identical to ideas about tort, or lawsuit, reform he proposed three years ago. They “differ greatly in terms of the details and outcomes for victims of negligence,” the governor wrote.
The bill would cap noneconomic damages, which generally are for pain and suffering, at $300,000. It also states a jury could award punitive damages only if it finds clear and convincing evidence of intentional or gross negligence.
With the deadline approaching, proponents and opponents of the tort reform bill are pleading their case.
Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, said SB 507 would “drastically improve the litigation climate in Oklahoma.”
The group released a report Wednesday on state liability systems conducted by Harris Interactive; Oklahoma dropped five places, from 33rd in 2006 to 28th in 2007, she said.
“We believe that several of the provisions in SB 507 will help reverse the state’s downward trend,” she wrote.
Robert Bristow, AARP Oklahoma state president, said SB 507 would take away legal rights of the elderly and persons with disabilities who live in nursing homes.
“This measure would give nursing home administrators a free pass in abuse and neglect cases involving our state’s most vulnerable citizens,” Bristow said in a statement.
What do you think the governor should do? Should he sign it into law or veto it?
Michael McNutt
Capitol Bureau
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