Gov. Brian Kemp's push to limit lawsuits is on cusp of becoming Georgia law

ATLANTA — Gov. Brian Kemp’s plan to limit lawsuits and bring down hefty jury verdicts is on the verge of reaching his desk, but not before Republican lawmakers scaled back some of the toughest portions of his top legislative priority.

The Georgia House voted 91-82 Thursday to approve “tort reform” legislation after months of debate — and a years-long effort by Kemp to set the stage for the overhaul. The Senate, which passed a similar version last month, could soon give it final approval and send the bill to Kemp for his signature.

Several Republican crossed party lines to vote against the measure, while Democratic state Reps. Michelle Au of Johns Creek, Mack Jackson of Sandersville and Carl Gilliard of Savannah were the only Democrats who supported it.

Kemp and his allies celebrated a hard-fought triumph of rewriting the state’s litigation rules, a thorny debate that has long vexed political leaders and pitted some of Georgia’s most powerful institutions against each other.

The governor and other supporters promised it would improve Georgia’s business climate and slow rising insurance premiums by making it harder to bring frivolous lawsuits. They were backed by a multimillion-dollar ad campaign financed by Kemp’s political network and its allies that amped up the pressure.

“I know this is personal to some folks,” said state Rep. Chas Cannon, R-Moultrie. “But it will foster a fair judicial system, and I believe, a more prosperous Georgia for all.”

Democrats and other critics warned the measure would make it harder for crime victims to sue negligent businesses in civil court. And they framed it as an attempt to strip Georgians of their right to challenge corporations in court while doing little to lower insurance rates.

“This is not a bill about big business and trial attorneys,” said state Rep. Sam Park, one of the House’s top Democrats. “This is a bill about whether or not Georgians and victims have access to justice.”

And Democratic state Rep. Tanya Miller of Atlanta called it “one of the most poorly drafted bills I’ve seen as a lawyer.”

“This is not just some bill. This is an attack on the very fundamental premise that makes this country what it is.”

Kemp’s concessions

What passed Thursday would limit when businesses can be sued for certain injuries on their properties, regulate how damages are calculated in personal injury cases, and split some trials into two phases, potentially curbing high-dollar judgments.

Facing fierce Democratic opposition, Kemp had to rely almost entirely on the Legislature’s GOP majority to pass the bill. Still, it took extraordinary arm-twisting, even for a second-term governor who regularly polls as Georgia’s most popular Republican.

To get it across the finish line, Kemp repeatedly warned legislators he would call a special session if they failed to send him “meaningful” changes – and threatened to back primary challenges against GOP lawmakers who oppose it.

The hardball tactics worked. But he still had to accept concessions from fellow Republicans who feared that the overhaul could make it harder for Georgians to seek justice in civil court.

The first round came in the Senate, where lawmakers pushed Kemp to scale back proposed changes to how medical costs are calculated.

More revisions came in the House after sex crimes survivors delivered wrenching testimony, warning the bill could make it harder for victims to sue motels and other businesses accused of turning a blind eye to their abuse.

Kemp’s negotiators agreed this week to expand exceptions for sex crimes victims and exempt some sex trafficking survivors and plaintiffs in low-dollar cases from the two-phase trial rule.

And House Speaker Jon Burns prepared plans to launch a study committee to examine the insurance industry’s rate-setting practices and profit margins, and develop ways to encourage more competition and bring down premiums.

That was just part of a remarkable lobbying effort. By Wednesday night, lawmakers reported intensifying arm-twisting – surefire proof that the vote wasn’t certain. Several Democrats also said they got frantic calls courting their support. Party leaders urged them to hold the line.

“You can’t tell me for 11 straight years you’re the best place in the nation to do business, and then in the next phrase, tell me this is a hellhole for insurance companies,” said state Rep. Al Williams, a Midway Democrat.

But by Thursday morning, several on-the-fence Republicans sided with Kemp. State Rep. James Burchett, R-Waycross, worked behind the scenes to win over others. On the House floor, he urged lawmakers to ignore warnings the “reasonable” overhaul would damage the civil justice system.

“I know that each and every one of you is under incredible pressure,” said Burchett, the bill’s sponsor. “Guess what’s going to happen tomorrow? The sun is still going to come up.”

What’s in the bill?

Premises liability: Limits when businesses can be sued for injuries that occur on their property, with exceptions for some victims of sex crimes.

Damages: Allows plaintiffs to present jurors actual medical costs as well as initial bills, which sometimes reflect inflated charges.

Bifurcated trials: Allows cases to be split into two stages — first determining fault, then assessing damages — rather than considering everything at once. Judges would have discretion in the House version to reject splitting trials in cases with damages below $150,000 and those involving sex crime victims who “would be likely to suffer serious psychological or emotional distress” from testifying a second time.

Seat belt laws: Allows juries to consider whether a plaintiff was wearing a seat belt in injury lawsuits, potentially reducing damages for those who failed to buckle up. Judges would have discretion to determine how seatbelt evidence can be used.

Attorneys fees: Prohibits attorneys from recovering their legal fees twice in certain cases.

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