JFC to vote on some changes to tort reforms
Sources tell WisPolitics that the JFC today will have modifications to the governor's proposed tort reforms in the state budget, though the changes may not be enough to calm critics of the plan.
Several sources say that the threshold at which a person could be liable under the controversial "joint and several" would be raised to 30 percent. Doyle's budget bill had proposed a 1 percent threshold.
Doyle defended the proposal last week, saying that current law is different than it has been for centuries because of changes made by "an entirely Republican Legislature and a Republican governor" a decade ago. Using an example of a victim harmed by parties that found by a judge or jury to be 60 percent and 40 percent at fault, Doyle said it is reasonable that the victim should be able to collect damages from the liable parties.
"Let's assume that the person who is 60 percent responsible is broke or didn't have insurance. What the current Wisconsin law says is that innocent person who has been harmed, who a jury or judge has been found that both the 40 percent and the 60 percent -- you have to have a finding that they were substantially responsible for the injury -- that the innocent person who has been harmed is out 60 percent of what their loss was," Doyle said.
But opponents of the bill say the proposal will cause insurance costs to skyrocket for businesses, and they claim they have been shut out of the compromise.
In addition, sources indicate that modifications to jury instructions that would allow judges to tell juries how their findings of fault can affect the amount of monetary damages each negligent party may have to pay remain intact in the motion JFC is considering. The deal also still includes language regarding combined negligence allowing a plaintiff to combine the fault of two or more parties so the sum of their liability is greater than the plaintiff.
Sources also confirmed that the governor's proposal to raise minimum liability standards for auto insurance will remain largely intact, though there will be a three-year phase-in period.
Currently, those minimums are set at $25,000 for personal injury, $50,000 for occurrence and $10,000 for property. Doyle proposes boosting the minimums to $100,000 for personal injury, $300,000 for occurrence and $25,000 for property.
Also, according to sources, the JFC motion will include language to mandate insurers cover autism treatments.
-- By Greg Bump




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