Author | Subject: Battle Brews over Measure 81 |
webmaster | Posted At 12:49:33 02/29/2000
Fight brews over civil suit awards Measure 81, which is on the May ballot, would allow the Legislature to impose limits on the damages that juries may give Tuesday, February 29, 2000 By Ashbel S. Green of The Oregonian staff Immense. Enormous. Huge. Hyperbole is typical during elections, but such descriptions may appropriately describe the looming fight over a little-known measure on the May ballot that would allow the Legislature to limit the damages juries award in civil suits. Although it has received little public attention, Measure 81 has attracted long lists of powerful supporters and opponents, from businesses and the insurance industry to trial lawyers and unions. The two sides are expected to spend a total of about $5 million, which would make it one of the most expensive initiative campaigns in Oregon history. For supporters, Measure 81 is a necessary response to a 1999 Oregon Supreme Court decision that they claim was the first step toward dismantling dozens of laws designed to protect doctors, businesses and others from unfair lawsuits and crippling damage awards. "The ramifications are just huge, immense," said Mark W. Nelson, a lobbyist for several businesses that support the measure. Opponents, however, say Measure 81 is a power grab that allows the Legislature to protect special economic interests at the expense of injured people. "It is such a broadly defined measure that the stakes are enormous," said Jeffrey P. Foote, a Portland plaintiff's lawyer. Most voters probably have never heard of Measure 81, but they will soon, Nelson said. "It is not on the general public's radar screen and won't be until $3 million from each side is coming straight at them," he said. Politically, Measure 81 is a response to a Supreme Court ruling last year that overturned a law that capped noneconomic damages, typically pain and suffering, at $500,000. The ruling, which came near the end of the 1999 legislative session, spooked lobbyists who represent doctors, insurers and the business community. They feared the ruling's broad language strongly suggests that the court would overturn other laws designed to protect their clients from what they say are unfair suits and outrageous damage awards. Concerns over undoing other laws Specifically, Measure 81 supporters say the ruling clearly threatens a variety of laws limiting punitive damages. Also at risk, they say, are laws involving public employee liability, the crime victims' compensation account, uninsured and impaired drivers and more. C. Scott R. Gallant, lobbyist for the Oregon Medical Association, said the loss of such laws would cost businesses and insurers hundreds of millions of dollars that would be passed along to consumers in the form of higher premiums and reduced services. For example, Gallant said, before the Legislature approved the cap on non-economic damages in 1987, some doctors refused to perform high-risk procedures because of expensive malpractice insurance premiums. "That is what happens when it becomes prohibitive to afford insurance," he said. In response, the Legislature approved Measure 81, which would add "a new constitutional provision expressly allowing the Legislature to impose limits on damages that may be recovered in any civil action," according to the ballot summary. The idea is to prevent future challenges of laws that limit lawsuits and allow the Legislature to re-enact the cap on noneconomic damages. But as much as supporters say they need the broad language of Measure 81, opponents say they fear it. Foote said it would open the door for all sorts of caps and immunities for special interests. "The sky's the limit," he said. Arwen Bird, who was paralyzed when a drunken driver crashed into her car, said juries -- not legislators -- should decide how much she and other victims deserve. "This constitutional amendment will greatly curtail the rights of not only survivors but all Oregonians to receive fair compensation for their injuries," said Bird, who co-founded a victims' rights group called Survivors Advocating For an Effective System. Division along partisan lines For the most part, Measure 81 divides along familiar partisan lines, with most Republicans supporting it and most Democrats opposing it. But the two sides also are amassing lengthy lists of supporters. Backers include hospitals, restaurants, contractors, sheriffs, timber companies, insurance companies, doctors, small businesses and a number of elected and civic leaders. In addition to trial lawyers, opponents include unions, environmentalists, senior citizens, consumers and groups advocating for the disabled, gays and lesbians and tenants. Gov. John Kitzhaber, a Democrat and a doctor, has not taken a position on the measure. Although campaign strategies remain closely guarded, documents give a glimpse about how each side intends to appeal to voters. A letter urging businesses to sign up in support of Measure 81 says a "yes" vote will "close the lawyers' loophole." The opponents' campaign is "trust juries, not politicians." "It's somewhat of a campaign by characterization," said Len Bergstein, president of Northwest Strategies, a public affairs consulting firm that is not working for either side. Chuck Bennett, a lobbyist and political operative who is not connected with either side, said he had heard a lot of talk about the campaign. He said he expects emotional ads on both sides that will leave voters thinking they have to choose between paying high insurance premiums and being left without a remedy if they're involved in a horrible accident. "What the public gets stuck with is, 'Is it my insurance premium?' or is it, 'Will I be left penniless and homeless and friendless after losing my arm in a burger machine?' " he said. You can reach Ashbel S. Green at 503-221-8202 or by e-mail at Tonygreen@news.oregonian.com. |
Advocate |
Re: Battle Brews over Measure 81 (Currently 0 replies)
Posted At 13:00:12 03/03/2000 Measure 81 is an Associated Oregon Industries funded measure. Perhaps getting help by Saif Corp. Like I have said in the past about the smothers case Oregon has been working in the background for a long time trying to protect the business climate. Opponents, however, say Measure 81 is a power grab that allows the Legislature to protect special economic interests at the expense of injured people. notice the Oregonians attempt not to say Injured workers. This measure is hypocritical and a contradiction in terms. This measure will be the most expensive measure to fight and support in Oregons history, 5 million on both sides. although Saif Corp will remain quiet for now, they also have a vested interest in the passage of this measure. AOI also has alot to lose by the dividens that it recieves from saif corp by having low cost claims and Injured workers suing their member business. |
katpaw |
Re: Battle Brews over Measure 81 (Currently 0 replies)
Posted At 11:25:51 03/06/2000 is this a nationwide battle or is it only related to oregon at this election? |
Advocate |
Re: Battle Brews over Measure 81 (Currently 0 replies)
Posted At 00:22:57 03/10/2000 Thsi measure is only in Oregon |
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