Senate Bill 591 – Punitive Damages
We had a very busy week in the Missouri Senate that included a 20 hour, all-night filibuster on Tuesday and Wednesday on a bill dealing with mesothelioma litigation.
As my punitive damages bill, Senate Bill 591, was next on the calendar we took advantage of the time being spent on the filibuster to negotiate with the trial attorneys and other interested parties on my bill. After about eight hours of discussions, we reached an agreement and drafted a new senate substitute reflecting the compromise.
Under the current system, some attorneys, in addition to filing a claim for compensatory damages (damages to recover the cost of the damage to a plaintiff), are filing a meritless claim for punitive damages (damages designed to punish the defendant for intentional or outrageous behavior).
Under the current system, some attorneys, in addition to filing a claim for compensatory damages (damages to recover the cost of the damage to a plaintiff), are filing a meritless claim for punitive damages (damages designed to punish the defendant for intentional or outrageous behavior).
As an attorney, it is my legal opinion that this tactic is used to scare businesses into making larger settlements since punitive damages are not covered by insurance and therefore place the person’s wealth or business at risk. This is also a common practice in medical malpractice cases.
Senate Bill 591 prohibits this practice by only allowing the initial case filing to be for compensatory damages and requires that the plaintiff’s attorney have a hearing to amend the petition to include punitive damages which will be approved only when enough clear and convincing evidence is presented to the court that a jury could reasonably find that the defendant intentionally or with flagrant disregard for the safety of others did the egregious act.
The bill also returns to the original intent that to receive punitive damages the defendant’s action has to be one in which they intentionally harmed another or that the act perpetrated was outrageous and evil in its disregard for the safety of others. However, nothing in this bill inhibits a valid case for punitive damages from proceeding.
My bill was perfected on Wednesday and was sent to fiscal review on Thursday. It should be 3rd read and passed next Monday and on its way to the House of Representatives for their review, action and passage.
Senate Bill 718 – Military Affairs UpdateMy military affairs bill, Senate Bill 718, has been placed on the formal calendar for perfection and will hopefully be debated on the senate floor soon. I am confident that my colleagues and I can agree on this important legislation and send it to the Missouri House of Representatives for consideration as soon as possible.
The bill also returns to the original intent that to receive punitive damages the defendant’s action has to be one in which they intentionally harmed another or that the act perpetrated was outrageous and evil in its disregard for the safety of others. However, nothing in this bill inhibits a valid case for punitive damages from proceeding.
My bill was perfected on Wednesday and was sent to fiscal review on Thursday. It should be 3rd read and passed next Monday and on its way to the House of Representatives for their review, action and passage.
Senate Bill 718 – Military Affairs UpdateMy military affairs bill, Senate Bill 718, has been placed on the formal calendar for perfection and will hopefully be debated on the senate floor soon. I am confident that my colleagues and I can agree on this important legislation and send it to the Missouri House of Representatives for consideration as soon as possible.
2 comments:
I'm waiting for state lawmakers to give us an update on Corona virus preparations in the state of Missouri.
What is being done? Has Missouri ordered all the different elements of medical yet? Or just some? Hopefully at least some.
Also, has anyone thought to offer thoughts and prayers? If thoughts and prayers work for gun murders (and thoughts and prayers offered by politicians also help prevent any gun control laws!) certainly thoughts and prayers will also work on a virus. Right? WHAT'S THE STATUS?
Another thing which can help people know where they and their families stand when they get tested for this corona virus would be instant and automatic GoFundMe fundraising to pay the medical bills and lost wages when the whole family gets quarantined whether or not the test works. Think about a family with a husband and wife and several s school aged kids. Unless the father is at least the vice president of something important there's a good chance the loss of wages and medical expenses from being quarantined could ruin their finances. If everyone in quarantine for several weeks has not much to do think how much money could be raised when everyone is donating to everyone else's GoFundMe!
I hope you have lotion so you don't wring your hands raw. Fear mongering panic agent. Another crazy "D" slave.
Post a Comment