Monday, October 9, 2006
As I've posted about a number of times (just look through the legislation/reform category), Florida has been making all sorts of modifications to the tort system. Today''s Sun-Sentinel has an interesting piece on Rep. Kottkamp, a republican who voted against last spring's measure.
He is himself a plaintiffs' lawyer and he has a personal injury suit pending against a contractor who, he contends, negligently constructed the hospital in which he contracted an infection.
"This looks like the type of far-fetched lawsuit Republicans in Florida have been trying to stop the past eight years," said Victor Schwartz, general counsel for the American Tort Reform Association, which has guided civil justice changes in Florida.
Schwartz warned the case may foreshadow what Florida business groups quietly fear: That a Crist administration could slam the brakes on the state's drive to limit lawsuits -- a campaign spearheaded by outgoing Gov. Jeb Bush. "Now you've got a trial lawyer on the ticket with a tort case pending," Schwartz said. "That's very unusual."
With duty and legal cause coming up soon in many Torts classes, it's a good hypothetical too.