Georgia governor signs tort reform bills

ATLANTA — After going as far as threatening lawmakers with a special session, the Georgia’s governor’s self-proclaimed highest legislative priority came to fruition on Monday.

Governor Brian P. Kemp signed what was described in a press release as “historic legislation delivering commonsense, meaningful tort reform.”

Kemp had openly stated that if legislators did not pass tort reform laws that he would call them back to session later this year.

The new legislation limits owners’ liability for injuries that occur on their property and restrict damages for medical bills along with allowing juries to determine liability and damages separately.

“Today is a victory for the people of our state who for too long were suffering the impacts of an out-of-balance legal environment,” said Governor Brian Kemp. “While there was great passion on all sides of this issue, I am grateful for the diligent work of Commissioner John King and his office in studying this issue, the leadership of Lieutenant Governor Burt Jones and Speaker Jon Burns, the unrelenting work of Senate President Pro Tempore John F. Kennedy and House Majority Whip James Burchett, as well as Chairmen Brian Strickland and Rob Leverett for leading a thorough review, and the thoughtful deliberation of our legislative partners in the General Assembly. As a result of this collective effort and outpouring of support from Georgians of all backgrounds, Georgia continues to move in the right direction as we work to stabilize costs and compete for economic opportunities that will create good paying jobs for hardworking Georgians across our state.”
In his press release, Kemp outlined the specific points of his bill.

Reevaluates the Standard for Negligent Security Liability (“Premises Liability”)

Ensures businesses are only liable for what they directly control. The legislation holds property owners accountable when they fail to keep their property safe for their customers and the public, but protects establishments for simply opening their doors and employing hardworking Georgians in communities and neighborhoods that need them.
Truthful Calculation of Medical Damages in Personal Injury Cases (“Truth-in-Damages”): Ensures Georgians injured by negligent actions are made whole and have their costs covered, while protecting consumers from inflated costs being passed on to them. The legislation permits counsel in a jury trial to submit evidence of the medical bills charged by providers, as well as the evidence of what was actually paid by an insurer to satisfy those charges. Jurors may then determine the reasonable value of the plaintiff’s past medical care with full transparency into the billed and paid value of their treatment.

Eliminates the Ability to Arbitrarily Anchor Pain and Suffering Damages to a Jury (“Anchoring”)

The new law stops the use of anchoring tactics when presenting damages for pain and suffering to a jury during the closing arguments of a trial. The bill instructs that closing arguments describing damages must be related to actual evidence of the plaintiff’s pain and suffering, which prevents counsel from using an artificial benchmark–like a professional athlete’s salary, the cost of fighter jets, or the number of miles driven by a truck—to describe what a plaintiff should be owed for their injuries.
This bill does NOT place a cap on the amount of money a jury may award. In fact, the Governor’s legislation protects the jury’s decision making from irrelevant and improper arguments from counsel – empowering the jury to decide an award amount based on real evidence in the case.

Bifurcated Trials

Permits a party in a case to move for bifurcation of the trial, so that the defendant is found liable before the jury hears evidence detailing the extent of the plaintiff’s damages. This clarifies important procedure in the courtroom and gives both sides of a case the same opportunity to have their arguments heard.

Allows a Jury to Know Whether the Plaintiff Wore Their Seatbelt (“Admissible Seatbelt Evidence”)

Removes the current exclusion from the evidence code that prevents the defendant from showing evidence the plaintiff was not wearing his or her seatbelt in an auto accident. Allowing admission of seatbelt evidence at trial may be used by the defense to mitigate damages, particularly where the plaintiff’s failure to use this essential safety feature results in significantly worse injuries for the plaintiff.

Eliminates Double Recovery of Attorney’s Fees

Closes an misused loophole that allowed plaintiff’s counsel to recover their fees twice for the same lawsuit. Courts will remain able to award attorney fees—but only once.
Eliminates Voluntary Dismissal During Trial: Amends the timeline for voluntary dismissals – putting an end to the practice of plaintiffs dismissing a case just to refile or “cherry pick” a more favorable jurisdiction after the defense has already racked up the cost of preparing and beginning the trial.

Motion to Dismiss Timing Changes

Changes the Georgia Civil Practice Act to allow a defendant to file a motion to dismiss in lieu of an answer – cutting down unnecessary discovery expenses while a motion to dismiss is pending.

Reforming and Bringing Transparency to Third Party Litigation Funding

First, the legislation bans hostile foreign adversaries from using our judicial system to undermine our vital security and economic interests – protecting Georgia businesses and consumers from foreign actors who may fund litigation to obtain trade secrets or advance their own political interests against the interests of the citizens of this state.
Second, the legislation protects consumers from predatory lenders that want to take advantage of litigants in vulnerable situations by prohibiting litigation funders from having any input into the litigation strategy or from taking the plaintiff’s whole recovery and making sure plaintiffs are aware of their rights.
Third, the bill increases transparency for all parties—the courts, opposing litigants, and the plaintiffs themselves.

But in a report from the Georgia Recorder, Kemp’s fight was not without opposition, even on signing day.

Georgia Democrats blasted Monday’s bill signing.

“Congratulations to Brian Kemp for threatening and arm-twisting his way to the signing of his number one priority this year: shielding insurance companies from accountability to Georgians in court,” said Matthew Wilson, who is serving as interim chair of the Democratic Party Georgia and who is also a trial lawyer.

Rep. Tanya Miller, an Atlanta Democrat and an attorney who was a leading voice of opposition to the bills this session, said Monday that if insurance rates do stabilize, it won’t be because the state limited lawsuits in Georgia.

Miller called the Kemp-backed package “a manufactured solution to a manufactured problem.”

“The truth is, this so-called reform was never about solving a real problem,” Miller said. “The tort reform campaign has long been run on half-truths, selective anecdotes, and outright misinformation. There was no crisis in our judicial system, and no credible data supports the claim that injured citizens seeking justice in a court of law caused insurance premiums to spike.”

Bruce Guthrie

Bruce Guthrie is an award-winning journalist who has lived in three states including Arkansas, Missouri and Georgia. During his nearly 20-year career, Bruce has served as managing editor and sports editor for numerous publications. He and his wife, Dana, who is also a journalist, are based in Carrollton, Georgia.