Attorneys Fight Lawsuit Curbs
By Debra Jasper Columbus Enquirer Bureau COLUMBUS -
More than 50 trial attorneys gathered Thursday to protest lawmakers' attempts to limit jury awards, saying the move would only protect con artists, drunk drivers, sexual predators or companies that sell dangerous products. "We protect the public and make products safer," said Janet Abaray, a Cincinnati attorney who stood on the Statehouse steps holding a pair of baby blue, flame retardant children's pajamas.
She credited a lawsuit with forcing companies to stop making flammable children's pajamas and said such cases give working people a way to hold companies accountable for endangering lives. "Frivolous lawsuits are a myth. You hear of ridiculous cases now and then, but they are not the norm," said Abaray, of Lopez, Hodes, Milman and Skikos.
The protest on the Statehouse steps was part of a larger campaign the Ohio Academy of Trial Lawyers plans to wage over the summer to make sure the public understands the downside of jury award limits, said Fred Gittes, the organization's president.
He said the group feels it has more time to sway public opinion now that House Judiciary Committee Chairman Scott Oelslager has agreed to hold hearings over the summer on a bill to cap jury awards. Oelslager, a Canton Republican, said Thursday he doesn't expect a vote on the bill until after the November election. Attorneys are up in arms over the measure, which has already passed the Senate, because it would put a $500,000 limit on pain and suffering awards in personal injury lawsuits.
It would place a $1 million limit on damages in catastrophic injury cases. It would also cap punitive damages to either $100,000 or the amount of economic damages, whichever is greater, for businesses with more than 50 people. Backers say companies can't afford to pay outrageous jury awards and stay in business.
"This is a very important competitiveness issue. The people of Ohio can have a system that protects them, and also has the ability to let businesses grow and put people to work," said David Hansen, chairman of the Ohio Alliance for Civil Justice, which represents about 200 employers. "If we pass this reform, we will have a far better, stronger, more robust job recovery here in Ohio."
Gittes said the $100,000 cap on punitive damages isn't nearly enough to deter millionaires and billionaires from insider trading, stealing people's investments or producing products that hurt someone. "This bill helps the worst elements of society, the polluters, con artists, the inside traders," he said. "It hurts working men and women." Randy Freking, a Cincinnati employment attorney with Freking and Betz, added that the bill does nothing to rein in big corporations.
The proposed bill would cap the amount attorneys can get from their clients if they win non-medical malpractice cases to 35 percent of the first $100,000, 25 percent of the next $500,000 and 15 percent of money collected over that amount.
But Freking said companies are not agreeing to cap the amount they pay their own attorneys. And he said corporations aren't asking for limits on their lawsuits against other corporations, either. "The system works well," Freking said, "because right now we're only paid if we win, so why would we take a case if it's frivolous?"
