Joint and Several Liability Meets its End

When Gov. Jeb Bush leaves office after the 2006 general elections and experts begin to assess his tenure, they likely will agree that one of Bush’s most important and lasting legacies will be in the area of tort reform. Whether the issue was medical malpractice or workers’ compensation reform, the guiding hand of the governor could always be found in those legislative propositions that usually resulted in lower attorneys’ fees. So perhaps it is fitting that in his last legislative session in office, Bush again presided over one of the most important tort changes in years as he prepares to sign into law a bill eliminating the doctrine of joint and several liability in all lawsuits.

While the bill’s passage is largely due to it being a shared top priority of House Speakers Allan Bense (R-Panama City) and Senate President Tom Lee (R-Brandon), it was no secret that the foundation for the bill largely rested with Bush and his damn-the-lawyers creed. Therefore, it was no great surprise that upon immediately hearing that the Senate had given final approval to the legislation, Bush stepped out from behind the curtain and congratulated lawmakers for passing legislation that addressed one of his priorities and a top concern of businesses.