Turzai seeks changes in how damage awards are made in suits
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State House Majority Leader Mike Turzai, R-Bradford Woods, is pushing for the "Fair Share Act."
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HARRISBURG -- Two groups with political muscle are wrestling over a proposal that would lessen large damage awards in some personal injury or product liability lawsuits.
State House Majority Leader Mike Turzai, R-Bradford Woods, is pushing what he calls the "Fair Share Act," also known as House Bill 1, so numbered because Republicans have put it at the top of their to-do list in the new legislative session. It's also a top priority for trial lawyers, who are strongly opposed.
Under current law, if two different firms provide a product or service, either one can be held 100 percent responsible financially if something goes wrong and a user is injured.
Mr. Turzai said that's not fair. He said that if a firm made only 10 percent of a defective product or service, its liability should be 10 percent, not 100 percent.
Mr. Turzai argues that the bill, which he considers long overdue, will make Pennsylvania more business-friendly, attract new companies and keep existing ones, thus increasing private sector jobs in the state.
The Fair Share Act was almost enacted twice in recent years and is now closer to reality than ever before, with pro-business Republicans running the House and Senate and GOP Gov. Tom Corbett in office. Many business and hospital lobbyists have lined up behind the bill, which could soon face its first test, a vote in the House Judiciary Committee.
"The political climate is right for this now," said Gene Barr of the state Chamber of Business and Industry. "We have a window of opportunity, but I'm not sure how long this window will stay open."
Trying to slam the window shut is Tim Conboy, a Pittsburgh attorney who heads the Pennsylvania Association for Justice, formerly known as the state Trial Lawyers Association. He contends the bill will make it harder for victims of defective products and services to get "full and fair reimbursement" for their pain and injuries.
He said that tort lawyers, those who represent clients "harmed by an act of negligence," will press legislators to oppose the bill. The lawyers group has clout because it's always among the top campaign contributors to lawmakers.
First Published February 13, 2011 12:00 am
