A bill that would allow juries to hear all the facts surrounding an accident in enhanced injury, product-liability cases moved through the Senate Wednesday.
The vote fell 28-12, with only two senators crossing party lines. Sen. Bill Montford, D-Tallahassee, voted for the bill and Sen. Thad Altman, R-Melbourne, voted against it.
Enhanced injury cases are those where an additional injury caused by an accident results from a product defect. Typical cases involve automobile accidents, and Ford Motor Co. has been at the center of the push back against the current law.
In 2001, the Florida Supreme Court ruled in D'Amario v. Ford Motor Co. that juries were not allowed to hear evidence pertaining to the lead-up to the accident, but only evidence dealing with the defective car, establishing the "crashworthiness" legal doctrine.
Senate Bill 142, sponsored by Sen. Garrett Richter, R-Naples, would overturn that decision and apply to all pending cases in the courts.
"We should put the facts on the table so the jury can hear them. They need the tools to make informed decisions," Richter said.
Democrats opposed to the bill said they did not want to overturn a decision by the courts.
"I can understand wanting to do something with the policy of crashworthiness, but to reverse a Supreme Court decision ... is, I think, taking it a step too far," said Sen. Maria Sachs, D-Delray Beach.
Sen. David Simmons, R-Maitland, tacked on an amendment to the bill Tuesday, giving judges the option of instructing the jury on how to divide fault and place blame among the person who caused the accident and the company who made the defective product that led to the added injuries. He considered it a compromise solution.
"The amendments that I was able to negotiate with Senator Richter were able to provide both of us with the assurance that there was enough fairness. In effect, each one of these cases would be decided on its own merits," Simmons said.
But Democrats were not placated by the amendment, cautioning that the burden of paying damages awarded by juries that currently fall on auto companies like Ford will now fall to taxpayers.
"Ultimately, the cost of these catastrophic injuries will be borne by the state of Florida. Our Medicaid system, which is already overwhelmed, will be further overwhelmed," said Sen. Arthenia Joyner, D-Tampa.
The bill is seen by Republicans and business groups as the first in a series of tort reform measures likely to come before the Legislature this year.
"Just like any individual or business, auto manufacturers are entitled to a level playing field in the courtroom. In these turbulent financial times, we can no longer allow the legal climate to impede efforts to attract businesses to our state," said Barney Bishop III, president and CEO of Associated Industries of Florida.
