NOTE FROM THE PRESIDENT OF ASSOCIATED INDUSTRIES OF MISSOURI:
It’s time for you as a Missouri employer to let your voice be heard on two related issues regarding tort reform. I will bet at least one of these issues has affected your business in the past or will affect your business in the future. Both issues are addressed by SB 589, sponsored by Senator Dan Brown (R-16, Phelps County), currently pending in the Missouri Senate.
The first issue addresses a court decision that was issued over a year ago in a medical malpractice case in which the court ruled the limit on non-economic damages in Missouri law was invalid. This bill would attempt to address this court decision by removing the defects the court found with our statutes. This is important to employers that pay healthcare costs for themselves or their employees, either directly or through insurance. As medical malpractice costs rise, so do medical malpractice insurance premiums, and the rates doctors and hospitals must charge to provide services. Employers pay these additional charges. The bill would reinstate the limit on non-economic damages in medical malpractice cases and we support this provision.
Also, if you are involved in a multiple party lawsuit and your business is found to be at least 51% at fault, under current Missouri law, your business may have to pay 100% of the judgment awarded to a plaintiff. This is called ” modified joint and several liability.” This bill would bring fairness to the legal system by changing the law so each party is liable only for their percentage of fault. If your business is 51% at fault, you would be responsible for 51% of the judgment.
Please click on this link and contact your Senator today. If you do not know your Senator, you may click on the link and enter your address and city in the boxes on the left side of the screen and your Senator’s name and contact information will be returned for you. Please call your Senator and ask him or her to support these two provisions in Senate Bill 589.
Time is running out to be able to move this important piece of legislation and we need phone calls in support of the business position on this issue. THANK YOU for your help!
Sincerely,Ray McCarty
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