Pennsylvania bill package would bring tort reform

A number of states around the country acted this year to address concerns about lawsuit abuse. One focus of reform efforts is the effect lawsuit abuse has on trucking companies.

A legislative package at the Pennsylvania statehouse follows in the footsteps of action taken in states that include Georgia, Indiana and Louisiana.

Pennsylvania package

Tort reform is the emphasis of a comprehensive package of legislation recently unveiled in the Pennsylvania General Assembly.

Rep. Torren Ecker, R-New Oxford, said there is an “urgent need for tort reform in Pennsylvania.” He highlighted the effect of excessive litigation in the state.

“Our civil justice system must protect the innocent while eliminating the burdens that hinder growth,” Ecker said during a press conference to highlight statehouse legislation to address tort reform.

The American Tort Reform Association supports the reform package. The group ranked the Pennsylvania Supreme Court and the Philadelphia Court of Common Pleas as the nation’s worst Judicial Hellholes.

Constitutional amendment proposed

Rep. Dawn Keefer, R-Dillsburg, said an essential first step to tort reform in the Commonwealth is re-establishing separation of powers.

Keefer and other lawmakers believe a 60-year-old constitutional amendment gives the Pennsylvania Supreme Court too much power.

Keefer, who won election this month to the state Senate, is behind a push to amend the state constitution to re-establish checks and balances in the three branches of state government. Specifically, the Supreme Court would have its power removed to suspend laws passed by the legislature and signed by the governor.

“The Supreme Court would return to its balanced role of promulgating rules and procedures consistent with the will of the people of Pennsylvania acting through their duly elected representatives in the House and Senate,” Keefer said in prepared remarks.

More reforms planned

Other reforms include introduction of seat belt usage in accident lawsuits, regulation of third-party litigation funding, capping of contingency fees and creation of a Fair Share Repair Act.

The Pennsylvania Motor Truck Association supports the reform package.

Rebecca Oyler, PMTA president, said Commonwealth law prohibits motor carriers from defending themselves in court with evidence that a plaintiff was not wearing a seat belt at the time of an incident.

“A plaintiff’s own negligence in choosing not to wear a seat belt should be and is probative evidence to present the full facts of a particular incident – including how injuries occurred,” Oyler stated.

Another focus of the reform package is the state’s Fair Share Act.

Oyler said judges have chipped away at the tenants of the act. As a result, the act’s scope has been limited while liability has expanded.

She said the repair act would restore the act “to its original, equitable and carefully balanced original meaning, ensuring that trucking companies are not unfairly and disproportionately targeted.”

The reform package is expected to get attention during the regular session that convenes Jan. 7, 2025.

“We look forward to discussing with the General Assembly the many benefits to the trucking industry and to the Commonwealth of restoring fairness, balance and transparency to our judicial system,” Oyler said. “This package of bills gives us the opportunity to do just that.” LL

⚖️ Philly’s Court of Common Pleas & PA Supreme Court hold the No. 1 #JudicialHellholes® spot in the country.https://t.co/E731VJBvKU

— American Tort Reform Association (ATRA) ⚖️ (@AmTortReform) October 9, 2024

More Land Line coverage of news from Pennsylvania.