What do the Wisconsin Farmers Union, the Wisconsin Ski Industries Association, the Marshfield Clinic, Wisconsin Grocers Association and five railroads that operate in the state have in common?
Sure it's a trick question. Precious little would seem to be the first choice for an answer.
But they do have something in common: Along with 40 other businesses and associations in the state, they oppose liability law changes that Gov. Jim Doyle has slipped into the state budget.
They have a right to be fearful. Doyle's proposals would essentially unleash the pit bulls of the legal profession - trial attorneys - to go after deep-pocket defendants even if they bear little fault for an accident or injury. Their biggest "fault" may be that they either carry insurance or have some money in the bank.
What would possess the governor to do this? Some have suggested publicly it might have to do with the generous campaign donations that trial lawyers in the state have bestowed upon him. A Milwaukee newspaper story by Dan Bice earlier this month noted that the biggest personal injury law firm in the state, Habush, Habush & Rottier, had a short-lived posting on its Web site that was almost gleeful in its response to Doyle's plan, saying, "Instead of proving a majority of the fault, victims will only have to prove that the fault is there in order to hold the defendant liable. If this is signed into law, liability cases will change a great deal."
Indeed, they would. Under the current laws a person, business or organization sued in injury cases can only be held fully liable if they are 51 percent or more at fault. Doyle's budget would undo that common-sense standard and create a situation where a defendant who is perhaps minimally at fault - even
1 percent - to be sued for some damages because they have insurance or deep enough pockets to pay a claim. It would allow a plaintiff who is, say, 40 percent to blame for an accident, to sue others who are less culpable for partial damages.
Bob Fassbender, spokesman for the Wisconsin Civil Justice Council Inc., told Biztimes.com, "If you're a manufacturer of a bicycle and someone is injured on that bike … and if (the jury) finds the bike company 1 percent responsible, they can be required to pay 100 percent of damages. This (legislation) is after deep pockets - manufacturers and other businesses - which plaintiff lawyers will attempt to find, to find someone a little bit responsible so they can get those deep pockets into court and get a settlement."
Small wonder, then, that the Farmers Union and a host of other organizations banded together last week to denounce Doyle's plan.
"We've come together to oppose lawsuit changes that will hurt every industry in Wisconsin but the trial lawyers," said Jim Engel, owner of Sunburst Ski Area in Kewaskum in a statement.
Joining Engel was Abe Degnan, president of Degnan Design Builders, who said: "It is fair to hold me responsible for my actions. It is unfair to make me pay for someone else's fault, especially if that person is most responsible for the accident."
We agree.
Fairness is at the heart of this and Doyle's changes don't come close. This piece of legislation has nothing to do with the state budget, either, and should be summarily removed from the budget bill - if not by the Joint Finance Committee, then when it hits the full Legislature. We know who will be at fault if it stays in and that would carry a lot of political liability.
Posted in Editorial on Wednesday, May 27, 2009 12:00 am Updated: 4:38 pm.
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