Home > Article
VOL. 35 | NO. 13 | Friday, April 1, 2011
State Legislature
Lawsuit damages bill advancing in House
NASHVILLE (AP) — A measure to limit lawsuit damages in Tennessee is advancing in the House despite continued debate among Republican leaders on what the cap should be.
Gov. Bill Haslam's proposal passed the House General Subcommittee of Judiciary on a voice vote Wednesday with little debate.
The Republican governor originally sought to place a $750,000 limit on non-economic damages such as pain and suffering. But the measure that advanced would raise the cap to $1 million in cases involving serious spinal cord injuries, severe burns or the death of a parent of minor children.
That provision of the legislation differs slightly from a proposal The Associated Press received from the governor's office last month that raised the cap for such injuries to $1.25 million.
The companion bill is awaiting a vote in the Senate Judiciary Committee. Senate Speaker Ron Ramsey of Blountville told reporters last week that he prefers the original bill, but then added "all that will be negotiated in the next few weeks."
Haslam said earlier Wednesday that the legislation seeks to "set up an environment for businesses that they know what to expect."
"It's all about creating a predictable playing field for businesses," he said.
Under Haslam's proposal, no limitations would apply "if the defendant had a specific intent to inflict serious physical injury," according to the legislation.
Punitive damages would be capped at twice the amount of compensatory damages or $500,000 — whichever is greater.
Mary Mancini, executive director of Tennessee Citizen Action, a public interest and consumer advocacy organization, said the proposal is a "bad bill" because "any caps on civil damages is not a good idea."
"It's the only thing that holds large corporations accountable for unfair and dangerous business practices," she said after the vote. "This bill should never have existed in the first place."
The proposal is now headed to the full House Judiciary Committee.