Fred Thompson, a well known Republican from Tennessee wrote a guest column for a Tennessee newspaper that was published on January 29.  I mention it here because I think it is well reasoned and I agree with it.

Here are a few snipets from the column.

“I am certainly aware of the ideological boxes that advocates like to put folks in when it comes to “tort reform.” Republicans and conservatives are supposed to be for anything called tort reform. However, I’ve never subscribed to these boxes. Not when I was in the Senate faced with these issues and not now.”

As an attorney and a Republican, I’m continually amazed that “Republicans” blindly support tort reform.  If they really thought about it, they would realize that tort reform is not a conservative issue.  It is simply an issue pushed by a few special interest groups.

“To me, conservatism shows due respect for a civil justice system that is rooted in the U.S. Constitution and is the greatest form of private regulation ever created by society.  Conservatism is individual responsibility and accountability for damages caused, even unintentionally. It’s about government closest to the people and equal justice with no special rules for anybody. It’s also about respect for the common-law principle of right to trial by jury in civil cases that was incorporated into the Seventh Amendment to the U.S. Constitution.”

Amen.  It amazes me that people who feel that it is a moral imperative that their children pay for breaking a neighbor’s window by hitting a baseball through it, somehow feel that businesses and doctors have no responsibility for negligently hurting their customers and patients.  Makes no sense.

“I recognize that several other states have [passed tort reform]. It’s understandable. The pressure to do so is very strong. Those groups who benefit from such rules are well defined and are very vocal. Those who would be hurt cannot even be identified today. That does not make it right or sound policy.”

I believe this hits the essence of tort reform.  If you look at the numbers in Utah, those who benefit from escaping responsibility for their own negligent conduct are very vocal.  They give huge amounts of money to politicians and spend enormous amounts of money on lobbyists.  Their victims, two years from now, don’t see the pressing need to participate in the discussion.

What is sad to me is that so many of the tort reformers are hired guns.  They are willing to push for something in the legislature that they don’t believe in, just to make a buck.  I’ve represented at least two people in personal injury lawsuits who have encouraged the Utah legislature to pass tort reform.  If they truly believe tort reform is good for society, why are they pursuing their own case?

You can read the entire column here:

http://www.knoxnews.com/news/2011/jan/29/tennessee-justice-system-aint-broke/