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Liability cases increase
Lawyers may be hustling to beat change in state law
Civil case filings at the Tulsa County Court Clerk's Office have been more brisk recently than at the same time last year, possibly because attorneys want to get their cases filed before changes in tort laws take effect Nov. 1. CORY YOUNG/Tulsa World
By RANDY KREHBIEL World Staff Writer
Published:
10/24/2009 2:23 AM
Last Modified: 10/24/2009 3:25 AM
It's not exactly a stampede, but lawyers do seem to be quickening their pace to the Tulsa County Courthouse this month in advance of a change in the state's tort laws on Nov. 1.
A total of 109 liability cases were filed in the first three weeks of October, compared with 82 for the same period a year ago, according to the Oklahoma Supreme Court Network database. The year-over-year increase is almost entirely attributable to a jump in cases such as medical negligence, wrongful death, and premises and product liability.
"I would suspect most, if not all, of the suits filed this month are in response to the change in the law," said state Rep. Dan Sullivan, R-Tulsa, the principal House author of this year's lawsuit reform bill and himself a defense attorney. "Every time there is a change in the law, there is an uptick just before it goes into effect."
One Oklahoma City law firm has circulated an e-mail urging attorneys to "file your lawsuits now!"
"There is probably a certain amount of that going on," said Brad West of Shawnee, a prominent plaintiff's attorney.
But, West said, he doubts that the new laws will affect veteran litigators much.
"Most of those laws going into effect require things that people who practice that kind of law do anyway. I don't have any cases sitting around here that we're trying to rush to file."
"I'm sure some attorneys are reviewing their clients' cases to see how to best protect their rights," said Tulsa attorney John Thetford, "but I don't know of any concerted effort to file ahead of the deadline."
Among other things, the wide-ranging legislation caps noneconomic damages — commonly referred to as "pain and suffering" — at $400,000 except in exceptional circumstances and creates a state-sponsored indemnity fund for such cases. It also eliminates joint and several liability, which limits plaintiffs' ability to collect from so-called "deep pockets" defendants, and makes it easier for defendants to have cases dismissed.
Thetford said the abolishment of joint and several liability could be a factor in filing cases with multiple defendants quickly.
A check of OSCN records for Tulsa County District Court found that automobile negligence cases, which would be little affected by the new laws, totaled 64 during the first three weeks of October, compared with 63 a year ago.
Medical negligence cases, however, went from six a year ago to 13 this October. Wrongful-death cases increased from two to five, premises liability from three to six, and product liability from zero to five.
Two of the October 2008 medical negligence cases were filed pro se, meaning the plaintiffs were representing themselves. Such cases rarely get beyond the filing stage.
In October 2009, only one of the 13 medical negligence cases was filed pro se, meaning that not only were more cases filed but that they have a greater chance of advancing.
Among the suits filed this month were two product liability claims stemming from an October 2007 plane crash that killed five people. Thetford, one of the attorneys involved, said the suits were filed to meet the two-year statute of limitations.
Randy Krehbiel 581-8365
randy.krehbiel@tulsaworld.com
By RANDY KREHBIEL World Staff Writer
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RomeosTune
, Tulsa (10/24/2009 10:54:26 PM)
lol @ the thought of an attorney being honorable. Thanks for the humor!
Report Comment
Lance-a-lot
, Tulsa (10/24/2009 3:21:16 PM)
Tony G and Olddude: you could not be MORE wrong in your assessment of things. I work in the legal field, and the insurance companies are NOT the problem. They are sued for the stupidest things by people just looking for a big pay day. It makes me sick to see such greed on case after case.
The real problem is the slimeball plaintiffs attorneys like Thetford (Brewster and Shallcross are two of the worst). Those ambulance chasers are the ones (along with their greedy, mostly in debt, clients) that make insurance rates so high for everyone.
Tort reform is a MUST.
PS: Did you guys know that a large majority of attorneys (mostly plaintiffs attorneys) are Democrats? ... The more you know...
Report Comment
Lance-a-lot
, Tulsa (10/24/2009 3:24:36 PM)
One more thing...you wouldn't believe the outrageous sums of money that defendants pay out in tort cases just to avoid further litigation expenses. The plaintiffs attorneys KNOW this, and they purposely make litigation as expensive as possible in order to twist the arms of insurance companies into paying a settlement that the plaintiff does not deserve.
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Lance-a-lot
, Tulsa (10/25/2009 6:18:35 PM)
Marvalea: Nice try, but I am not buying what you are selling.
I could take the time to refute every point you made with the proof to baack it up. But I am a busy man.
So, I will make one point and move on. You spoke of docotrs being "RETAINED" by the "insurance industry". Are you insinuating that plaintiffs attorneys never retain experts? Because I can assure you that they do retain "experts". Most of the time, they are the same "experts" that they recycle on case after case. The fees the plaintiffs "experts" charge are no different than a defense expert would charge. Don't try to give me this bleeding heart, "truth, justice and the American way" BS. Because that is NOT what the plaintiffs and their attorneys are after honey. They are after one thing, and one thing only MONEY, MONEY, MONEY, MONEY...MONEY.
(I will admit, there are legitimate civil claims made every day. In fact, I will say a vast majority are legitimate. However, when you start talking about med mal, products liability, and fender benders that turn into $500,000 cases...the mere notion of legitimacy is very hard to find.)
Report Comment
Lance-a-lot
, Tulsa (10/26/2009 3:10:26 PM)
gfy: The most recent (but by no means the only) one is currently on appeal. Other than that, I have no comment.
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oldrustytulsa
, Tulsa (10/24/2009 9:10:59 PM)
Why dont the Democrats in Congress want Tort Reform, along with the Health Care reform, seems kinda silly dont it?
Report Comment
Tony G
, Tulsa (10/24/2009 6:12:09 AM)
You can than your republican reps for this. Its nice to know they care so much about business, they want to limit damages paid for legitimate claims.
This is just another layer of protection for insurance companies, I am so glad, I don't make my living, stealing from honest people.
Report Comment
Mar
, Tulsa (10/24/2009 1:28:43 PM)
Chi Town Mrs and Phil # 3, you are right.
I have worked in law firms off and on for 15 years. Most people are way too sue happy. I blame it more on people than on the attorneys. If people weren't so quick to sue, then attorneys wouldn't be able to file so many lawsuits.
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Woofenburger
, Hominy (10/24/2009 1:15:58 PM)
I won a lawsuit against a company manufacturing and selling pacemakers a couple of years ago because they were making defective pacemakers, they knew it and were willing to accept a certain number of patient deaths to avoid the cost of recalling the defective devices.
People died.
I had to be admitted to the hospital because of the device malfunctions.
The only reason they quit making and selling the device is because they got sued. If this law was in effect then would they still be selling the device, having it implanted in grandma and grandpa? Do you want your mom or dad walking around in danger of their heart stopping any minute because of a pacemaker sold to them that the seller knew was defective?
The reason people need to be able to sue the corporations is because some of them put us at risk of losing our lives and have no problem with that as long as they are making money.
Report Comment
FUTURE WORLD
, Tulsa (10/24/2009 2:32:57 PM)
I just have to wonder what a fair reward is for pain and suffering? I think this is a question best left to a jury or judge.
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FUTURE WORLD
, Tulsa (10/24/2009 7:03:00 PM)
I think many people feel aggrieved that attorney's can make a good living in tort law. Why not let the market determine what is fair and what's not. If doctors, who work in a high risk field didn't make mistakes in their practice of medicine. Then tort attorney's wouldn't be making a great living practicing in this field of law.
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FUTURE WORLD
, Tulsa (10/24/2009 10:57:36 PM)
Romeros, haven't you heard, there is honor among thieves.
Report Comment
Chi-Town Mrs
, Chicago (10/24/2009 7:32:55 AM)
Too many abuse the system. Those with legitimate claims will get their fair reward. Those that don't, won't.
Report Comment
yep
, Tulsa County (10/24/2009 6:58:08 PM)
Amazing how people say tort reform is a 'republican' thing and something used to benefit businesses and screw the people. Get a brain folks. One of the biggest beneficiaries of out of control tort lawsuits is Mr John Edwards, who had bilked insurance companies, hospitals and doctors out of enough money to earn himself over $100,000,000.00 in personal income. Yes, his clients get a minor fraction of the winnings. Additonally, if you want to see one big reason why healthcare costs are so high, look at the massive costs for out of control suing that leads to those costs being passed onto all the rest of us. Is there any logical reason why your typical small doctor pays $100,000 in insurance a year? Nope...the only reason is to cover the risk of a huge, crazy settlement scam. Wake up out there!
Report Comment
Centrist
, the burbs (10/24/2009 4:48:27 AM)
You know these days if you are in a vehicle accident it's certain there will be resulting litigation.
Report Comment
gfy
, Tulsa (10/26/2009 11:42:07 AM)
Lance-a-lot: Give me one example of an exorbitant amount awarded by a Tulsa County JURY. Just ONE!
Report Comment
Skeptic
, Tulsa (10/24/2009 7:51:17 PM)
I can feel my insurance premiums dropping like a rock as this tort reform law nears. NOT!
"Tort reform = republicans and insurance companies getting richer." - olddude is absolutely right.
Report Comment
WhoseLeft
, Tulsa (10/24/2009 10:53:47 AM)
64 to 63 cases in automobile negligence. Right, looks like attorneys are going to rush to get ahead of the statute change.
Attitudes about liability litigation are firmly set in stone. I believe that this is the result of the Republican ability to organize so effectively. That is the party's true skill set: propaganda and loyalty. While they are extremely good at these political skills, they are extremely poor at governing.
In my opinion this comes right out of their fierce hatred for government, e.g., appointing the head of an organization like FEMA with someone who has no experience. Then when a disaster strikes, sitting back and saying: See I told you so; don't depend on the government to do its job.
Very disingenuous. Then when they can get their party loyalists doped up on their party mythology they have created a large group of unquestioning loyalists determined to vote against their own economic interests.
Here's to Godless Capitalism! Let them eat cake!
Report Comment
olddude
, tulsa (10/24/2009 7:09:34 AM)
Tort reform = republicans and insurance companies getting richer.
Report Comment
Faith
, (10/24/2009 7:34:17 PM)
I think the courts should decided on who is right or wrong not the government. This is crazy and many problems will pop up from this. the rich will win again. Not the middle class or poor.
Hasn't Sullivan and Inhofe sued their share of times or was it for something different.
Report Comment
Faith
, (10/24/2009 7:38:21 PM)
007 hit th is on the nailhead.
Report Comment
007
, Tulsa (10/24/2009 10:52:11 AM)
This is what you get when you put a bunch of right wind bible thumping evangelicals in state house, just think sally kerns coupled with that fat state senator that still runs his mortgage company commercials out of sand springs or sapulpa whatever, they take care of themselves but crap on the rest of us.
I'm no fans of attorneys but the insurance companies in this state are looking for any way they can get out of paying a claim, and these bible thumping rednecks help them do it.
Report Comment
007
, Tulsa (10/24/2009 10:58:49 AM)
And much like the rest of the bible belt, we have $#@%^% churches on every corner, and we have the highest poverty, divorce, teenage pregancy, drop outs etc, but the state legislature sure are taken care one of the largest donors to the republican party in this state. This was a pay off to the insurance companies flat and simple.
Report Comment
007
, Tulsa (10/24/2009 6:13:53 PM)
Oh Jesus please let people know that when they are hurt, they are suffering for you, and doing your work here on earth,and that they have no rights, just let them know that republicans are serving you through the god of the dead presidents. Amen
Report Comment
loudshirt
, (10/25/2009 12:39:50 AM)
The problem is since we have become such a litigious society that anytime someone dies it must be another persons fault. For example, the quarry crash from a month or two ago. Someone is suing the quarry, and the dead driver of the vehicle. Now can they really get anything from the driver? Probably not. Can they get money from his insurance company? You bet they can. I would bet that same person is trying to get the quarry to settle out of court since they know the quarry would win in court. Then we have the people that sue Dr's. Like Charlie Weis. He sued his Dr's and lost. He was suing them because he did not think his gastric bypass worked. Now dont get me wrong if you go to get your tonsils out and end up missing an arm yes you should get every penny that Dr or anyone in his family will ever make for the rest of time. If a procedure has a 75% success rate and does not succeed for you that is not grounds to sue.
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