r 3,600 teachers? The time for corrective legislative action for New York has come.New Yorkers for Civil Justice Reform, prompted by outrageous damage awards (like the nearly $5 billion judgment against General Motors and the $600,000 won from the State of New York by a cop killer), backs a comprehensive reform program that will protect the rights of injured victims to recover damages while restoring a measure of fairness and balance to the system. Below are some of the key changes supported by New Yorkers for Civil Justice Reform.Repeal joint and several liability in most cases – when there are multiple defendants in a tort suit, the rule of joint and several liability can force any one of them to pay the entire amount of damages – regardless of their actual degree of fault. This often produces unfair outcomes, especially when the defendant who is mainly responsible is insolvent, uninsured or outside the jurisdiction of the court. NYCJR recommends abolition of the rule of joint and several liability. Each defendant would liable for damages only to the extent they are actually responsible. Moreover, where governmental entities clearly are responsible for damages, they should pay their share.Cap non-economic damages – non-economic damages include such highly subjective concepts as “pain and suffering,” emotional distress, and “loss of consortium” or “companionship,” which do not involve cash loss and have no precise cash value. NYCJR recommends capping these awards at $250,000 to reduce general liability and medical malpractice insurance rates.Limit lawyer contingency fees – plaintiffs’ lawyers customarily collect up to one-third of damages awarded to their clients in all tort suits no matter how much money is involved, and even if the award results from a settlement after relatively little work on the lawyer’s part. This is one reason why injured parties end...
