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Malpractice bill signed; quick challenge predicted

TALLAHASSEE - A bill that provides a wide-ranging effort to reduce medical malpractice insurance costs was signed into law Thursday by Gov. Jeb Bush.

The signing marked the resolution of a months-long legislative dispute over what Bush called his top priority - lowering malpractice insurance costs to keep doctors from limiting or abandoning their practices. But a prominent trial lawyer predicted that a provision capping some lawsuit damages will be challenged in court after the law takes effect Sept. 15.

"I believe that if the courts of this state simply follow existing law on the subject, it will be overturned," said Neal Roth, a malpractice attorney who has been one of the trial bar's chief lobbyists against caps.

He cited a similar law to cap lawsuits that was ruled unconstitutional in 1987. It would have limited noneconomic damages in any personal injury or wrongful death case to $450,000.

The new law limits a doctor's liability for noneconomic damages to $500,000 and a medical facility's liability to $750,000 in most medical malpractice cases. Economic damages, such as for lost wages or medical care, would not be capped.

Rep. Dudley Goodlette, who helped negotiate the Senate-House agreement on malpractice, said the bill is more narrowly focused and allows larger awards than the law previously ruled unconstitutional.

"It will hold up," said Goodlette, R-Naples.

FORT PIERCE - The mother of a killer now is charged with murder herself for allegedly paying a hit man $10,000 to shoot her ex-boyfriend, who refused to lie in court to protect her son.

Diane Lorett Fennell, 43, was held without bail Thursday, charged with first-degree murder in the April 3 shooting of Thomas Noble Jr. The alleged hit man has not been arrested.

Fennell's son, Wesley Jermaine Roberts, 23, was sentenced in May to two life prison sentences plus five years for carjacking and first-degree murder. According to a police report, Noble agreed to perjure himself and provide Roberts with an alibi, then backed out and refused to testify at trial, sending Fennell into a rage. Police said witnesses said Fennell began looking for someone who would kill Noble.

Police said Noble was sitting in his car in Fort Pierce with his girlfriend when he was shot four times at close range and died. The girlfriend was not injured.

Fort Pierce police spokeswoman Audria Moore said additional arrests are expected.

SARASOTA - The principal of a small Christian school faces charges for allegedly having sex with a student.

The Rev. Jerry Lee Pitts, 37, pastor and principal at Living Word Christian Academy, is accused of having sex with the girl multiple times in an office and a computer lab at the school, police said.

According to a police report, the girl told police the sex occurred from April to July 2002, when she was 15.

Pitts was charged with five counts of lewd or lascivious battery and one count of lewd or lascivious molestation. "Of course, he is denying those allegations," said Pitts' attorney, Leon Campbell.

Police are investigating statements from two other people, one a former student who said she was sexually abused by Pitts, the other an adult said to have knowledge of another student who was abused.

According to the Florida Department of Education Web site, the school, part of the Living Word church, serves 26 students in kindergarten through 12th grade.

MIAMI - U.S. Rep. Kendrick Meek was admitted to a hospital for observation after he fell while jogging Thursday.

The Miami Democrat was running near his home, spokeswoman Tasha Cole said.

Meek, 36, was taken to North Shore Medical Center to undergo tests, Cole said.

"He wasn't seriously injured," she said. "I think he just has some abrasions on his arms and face, and maybe his legs."

Meek was elected last year, replacing his mother, Carrie Meek, who retired.