Yet another op-ed opposing the trial lawyers' 'deep pockets' bill ...
Steven Puiszis, president of the Illinois Association of Defense Counsel and a partner at Hinshaw & Culbertson LLP, writes a great op-ed in this morning's Springfield State Journal-Register:
The Illinois Trial Lawyers Association have been wielding its political influence to push Senate Bill 1296.Click here to read the full commentary.
Tuesday, they went so far as to run an advertisement in The State Journal-Register claiming that Senate Bill 1296 is intended to “protect Illinois families” and to “make sure guilty parties are held accountable.” In fact, Senate Bill 1296 will have the exact opposite effect.
How exactly does the trial lawyers’ plan work in Senate Bill 1296? Imagine you are driving home from work and approaching you in the oncoming lane of traffic is a drunken driver. He crosses into your lane of traffic and plows into the car ahead of you. Unable to stop in time, you skid into the same car from behind. There is minimal damage to your car because the impact was minor and you were not hurt. But the driver of the car hit by the drunken driver is badly injured and he sues both you and the drunken driver. The drunken driver has no money and no insurance, so the injured party settles with him for little or nothing.
Under current Illinois law, the jury will determine your percentage of fault for the accident by taking into consideration the fault of the drunken driver. If the jury determines that the fault of the drunken driver is 90 percent, your fault is only 10 percent. Allowing the jury to consider the fault of all parties makes common sense and provides for a fair outcome.
We also invite you to visit http://www.deeppocketsillinois.com/ to learn more about how you can stop this trial lawyer money grab.
2 comments:
Ed, you don't have to be a lawyer to know that your statement "Under current Illinois law, the jury will determine your percentage of fault for the accident by taking into consideration the fault of the drunken driver." As we all know, under current law, dismissed or settled defendants don't appear on jury verdict forms. As the St. Louis Post-Dispatch said:
“Historically, juries have not been allowed to consider settling defendants when figuring out percentages of fault, since 1986, when that portion of the civil liability code was written.” (4/23/2007)
At the same time, it is a complete falsehood for the insurance industry and their lawyers to make the claim that the jury wouldn't be able to consider the fact that the injured party was rammed by a drunk driver. It will be in the police report, which will be entered into evidence. It will be in your testimony and the testimony of witnesses that you put on the stand.
I challenge you to present a single case since 1986 in Illinois where there was a multi-car collision involving a drunk driver, and the fact that the driver was drunk and responsible for the accident was kept out of the trial.
I think I've determined that Yellow Dog Democrat is Judy Cates - or a paid employee of Judy or ITLA.
Advice to ITLA: Just give up trying to justify legislation that does nothing but line your pockets. The public doesn't like you. That's why your national group changed their name.
You've overreached. Your lead trial lawyer brethren in Madison County are going to jail or out of business.
There are good, honest trial lawyers - probably the majority of your profession. But the legislation you promote - and the bad apples of your profession who commit fraud in asbestos and silicosis lawsuits, who reap millions while alleged victims get coupons, who sue first and ask questions later, have made your entire profession the laughing stock of the country.
The fact that you think your ads bashing American businesses are effective shows that you're simply out of touch with reality: people are employed by businesses. American businesses create jobs.
You create wealth, yes ... but only for yourselves.
The Democrats whose campaigns you bankroll have been in charge for years - yet you have yet to pass any huge bills to further line your pockets.
Why? Because even the Democrats who cash your campaign checks can't justify voting for your ludicrous legislative proposals.
Some advice: stop overreaching. Act sane. Realize that businesses create jobs. Understand that the public doesn't think very highly of you.
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