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Organization opens statewide campaign to limit lawsuits

Members plan to monitor courts to watch for frivolous suits. They also want to end "joint and several liability."

By ALEXANDRA ZAYAS
Published March 2, 2006

Fast food customers sue a chain because french fries made them fat. A tourist rents a boat then sues a resort after carelessness leads to injury. A personal injury lawyer appears on television touting the financial benefits of lawsuits.

It's all abuse of the legal system, says a watchdog group that launched a statewide campaign Wednesday to educate Floridians about the perils of frivolous lawsuits.

"This lawsuit abuse mentality hurts all Floridians," said Slade O'Brien, executive director of Florida Stop Lawsuit Abuse.

Outside the Hillsborough County Courthouse on Wednesday, O'Brien gave results of a survey of Floridians' attitudes toward lawsuits.

According to the survey, three in four Floridians say lawsuits hurt Florida's economy, four in five say they increase the costs of living for working families, and four in five favor tightened legislation on lawsuits.

The phone survey was conducted by New Jersey marketing and public opinion research firm Braun Research Inc., which interviewed 508 Florida adults between Feb. 9 and Feb. 13.

Florida Stop Lawsuit Abuse members plan to travel across Florida recruiting members to monitor local courts for frivolous cases and write to lawmakers about lawsuit abuse.

The group supports a bill that the Florida Legislature is expected to consider this session that would apportion economic damages in lawsuits based on one's degree of fault.

According to a Florida House of Representatives staff analysis, House Bill 145 would change the law from "joint and several liability," which renders each party at fault individually liable for an entire judgment awarded to a plaintiff, regardless of the individual's percentage of fault.

Rep. Ken Littlefield, R-Dade City, will co-sponsor the bill.

"I think it's a fairness issue," Littlefield said. "Defendants paying their fair share - no more, no less."

Rep. Ron Reagan, R-Bradenton, Rep. Frank Farkas, R-St. Petersburg, and Rep. Dennis A. Ross, R-Lakeland, agreed.

"I think we do need to have more reform. I think our judicial system unfortunately encourages lawsuits regardless of merit," Ross said. "As a lawyer, I see that."

Joint and several liability isn't abusive, said Debra Henley, deputy executive director of the Academy of Florida Trial Lawyers, which opposes the bill.

"There's nothing abusive about families who have had a family member injured being able to recover, to the extent that they can, their full medical bills and lost wages," Henley said. She added that some corporations try to hurt families when they are down.

Rep. Frank Peterman Jr., D-St. Petersburg, and Rep. Charlie Justice, D-St. Petersburg, are also hesitant about the bill.

"We want to make sure that victims still have access to the courts so that they have an opportunity to seek damages if they've been injured," Justice said. "Obviously, no one wants someone to pay if you're not responsible. If there are ways to tweak the law more, absolutely. But beyond everything else, we've got to make sure that our everyday constituents are looked out for."

Alexandra Zayas can be reached at 813-226-3354 or azayas@sptimes.com

[Last modified March 2, 2006, 01:31:05]