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BCA Thanks Gov. Bentley, Legislature for Passage of Tort Reform Package

By Morgan Hightower

Gov. Robert Bentley signed a package of five bills, collectively known as the tort reform package Thursday.

SB 187, SB 184, SB 59, SB 207 and SB 212 received final approval from the Legislature last week.

“For a state whose courts were once cited as ‘judicial hellholes,’ passage of these bills is a significant step towards restoring a measure of predictability and fairness to Alabama’s civil justice system,” said BCA President and CEO William J. Canary. “These bills were not allowed to see the light of day in past sessions, and we commend the Legislature for working to ensure due process for each and every Alabama business.”

“BCA commends Gov. Robert Bentley, Speaker Mike Hubbard, R-Auburn, Senate President Pro Tem Del Marsh, R-Anniston, Sen. Ben Brooks, R-Mobile, Sen. Cam Ward, R-Alabaster, and Rep. Paul DeMarco, R-Homewood, for their leadership in making tort reform a priority for this Legislature,” said William W. Brooke, chairman of the BCA Board of Directors and managing partner of Venture Capital for the Harbert Management Corporation. “The passage of this tort reform package sends a strong message that Alabama is open for business – open for new business and new jobs – and is no longer a haven for lawsuits.”

SB 59, sponsored by Sen. Cam Ward, R-Alabaster, would decrease the statute of repose for commencing a civil action against an architect, engineer or builder from 13 years to seven years. The bill received final approval by a vote of 70-23.

SB 207, sponsored by Sen. Cam Ward, R-Alabaster, would provide that judgments, other than judgments based on a contract action, would bear a flat rate of 7 percent. The bill passed by a vote of 70-19.

SB 212, by Sen. Clay Scofield, R-Guntersville, would provide that a wrongful death action may only be filed in a county where the deceased could have filed a civil action, if living, and added that Rule 82 of the Rules of Civil Procedure would continue to apply to wrongful death actions. The bill passed by a vote of 71-22.

SB 187, sponsored by Sen. Ben Brooks, R-Mobile, would require the federal expert witness rule, known as the "Daubert Standard," be applied in Alabama and be limited to scientific evidence. The U.S. Supreme Court mandated the Daubert standard in all federal courts in 1993; however, Alabama remains one of the final states that has not adopted the rule. SB 187 passed by a vote of 69-26.

SB 184, by Sen. Brooks, R-Mobile, would protect retailers, wholesalers and other distributors of products from being sued in product liability actions where the product comes in a "sealed container." The bill only protects retailers from the "innocent conduit" situations. SB 184 passed by a vote of 65-25.

(Information Source: BCA)

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