THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, May 4, 1995 TAG: 9505040396
SECTION: FRONT PAGE: A10 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: WASHINGTON LENGTH: Medium: 52 lines
The Senate on Wednesday narrowly approved a far-ranging proposal by Majority Leader Bob Dole to limit punitive damage awards in all civil lawsuits in federal and state courts.
Opponents said the provision, which resembles a House version passed in March, could scuttle Senate passage of the overall product-liability bill written by Sens. Slade Gorton, R-Wash., and Jay Rockefeller, D-W.Va. Some senators have been pushing proposals to revamp faulty-product laws for 13 years.
Senate Minority Leader Tom Daschle, D-S.D., said the Republicans won a battle Tuesday with passage of limits on medical malpractice awards, but they may lose the final war by having broadened the faulty-products bill.
Dole said his amendment was needed ``because our nation desperately needs broadly based relief from lawsuit abuse.''
The amendment significantly broadens the bill by capping punitive damages in all civil litigation - not just suits involving faulty products - at twice a claimant's compensatory damages. Those are the combined total of economic damages, such as medical bills and lost salary, and less tangible noneconomic damages to compensate patients for loss of an eye or limb and for pain and suffering.
The 51-49 vote brought the Senate legislation in line with a comprehensive package to overhaul the civil justice system that was passed by the House as part of the GOP's ``Contract With America.'' The House package includes a punitive damages cap in all civil lawsuits of $250,000 or three times economic damages, whichever is greater.
The Clinton administration has expressed opposition to some provisions of the House legislation but has not explicitly threatened to veto it.
The Senate also approved, by voice vote, a provision by freshman Sen. Mike DeWine, R-Ohio, to set a special $250,000 punitive damages cap for individual defendants whose net worth is less than $500,000 or for business owners or local governments with fewer than 25 full-time employees. MEMO: HOW THEY VOTED
A ``yes'' vote is a vote to limit punitive damage awards in all civil
lawsuits.
John W. Warner, R-Va.Yes
Charles S. Robb, D-Va.No
Jesse A. Helms, R-N.C.Yes
Lauch Faircloth, R-N.C.Yes by CNB