Advocates of changes in Pennsylvania's civil litigation law expressed pessimism about the prospects of overriding Pennsylvania Gov. Edward Rendell's veto of a joint and several liability bill.
"It is our understanding that there are not enough votes in the General Assembly to override the governor's veto," said Taylor Cosby, American Insurance Association vice president.
Mr. Rendell vetoed the measure Friday, asserting it failed to provide the proper balance between the "equities of our businesses and the victims of negligence."
Senate Bill 435 passed the Senate on a vote of 32-18 in early December and was approved in the House by a 118-81 margin earlier this month. It would have eliminated joint and several liability in cases where a defendant is found to be less than 60 percent responsible.
Republicans control the House by a 109-94 margin and the Senate by a 29-21 advantage. It will take a two-thirds vote to override the Democratic governor's veto.
"Currently anyone found even 10 percent liable in a civil suit can be held 100 percent financially responsible," said Mr. Cosby. "The result is that litigants often go after people with deep pockets because a plaintiff may recover the full amount of an award from any defendant."
Tort reform advocates unearthed a press release from the governor's 2002 election campaign in which he called for joint and several liability reform.
Mr. Rendell readily admitted he supports such reform, but felt the bill that reached his desk swung too far in favor of businesses.
"Just as our businesses have given me telling examples of the unfairness and harm that is caused to them by the current law, consumer organizations have given me telling examples of how victims--many times the children of parents killed by negligent actions--would be left without adequate compensation for their loss," he said.
The governor said that business, legislative, legal and consumers groups should continue working together to come up with legislation that strikes a better balance between the two interests.
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