Matheny: More Tort Reform On Its Way to TN

House Speaker Pro Tempore Judd Matheny told a Doctors Town Hall audience at Lipscomb University in Nashville on Saturday that he hopes this year’s tort reform legislation is only “the first step of several steps in issues we hope to deal with in regard to tort reform,” reports Mike Morrow.
During a break in the formal discussion, Matheny elaborated on those plans and pointed to a so-called “loser pays” effort that could be the next measure in tort liability in Tennessee.
“I just know the General Assembly is very interested in additional tort reform,” Matheny said.
“‘Loser-pays’-type scenarios are ones we will look at, especially with regard to what would be perceived as malicious lawsuits.”
Matheny said potential legislation would address situations where there are possibly second or third appeals in cases.
“A case in point would be if somebody filed a third appeal and the answer was the same as the first two, whether both are in the negative or both in the positive. That person would be responsible for the legal fees,” he said.
The approach would be to confront those who are seen as abusing the system. It would follow a tort reform measure passed this year and spearheaded by Haslam that put caps on non-economic damages in civil cases at $750,000, although the law creates exceptions in cases that involve intentional misconduct, destruction of records or activity under the influence of drugs or alcohol
(Note: Sen. Stacey Campfield has been actively promoting the idea of ‘loser pays’ legislation on his blog and otherwise lately. He’s talked of following a California law, As explained in a recent post:
In California if an offer (to settle a lawsuit) is made that is NOT accepted by the opposing side and the court finds the offer was reasonable (within 10% of the final award) then the person not accepting the offer has to pay the other sides legal fees.

Leave a Reply