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4/8/2009
Creating a judicial nightmare in Wisconsin
Most of us have been in an accident or a fender bender of some kind. For those who haven’t, I hope your luck continues because Governor Doyle is about to create a judicial nightmare in Wisconsin. A line item in Governor Doyle’s budget threatens to drastically change the outcome of future civil court cases in Wisconsin.
Current law states that a defendant must be found at least 51 percent at fault in order to be found liable for the entire amount of damages. If you are only 10 percent responsible, you pay only 10 percent of the damages. Seems fair, right? Well, Governor Doyle and other Democrats in the legislature want to drastically change our current reasonable civil justice system.
Let’s say you sell a car to your neighbor and your neighbor (in your old vehicle) is injured in an accident with another car. If the jury finds you, the seller of that car, at least 1 percent responsible, you could be required to pay 100 percent of the damages under the Governor’s proposed changes.
This same liability situation could apply to any small business or manufacturer who produces a good or provides a service. Imagine you are one of the 27.2 million small business owners in the United States and someone using your product is injured. If the jury finds your small business at least 1 percent responsible, you could be required to pay 100 percent of damages. Most of us work for a small business and in tough economic times a negligent settlement or award could result in job layoffs.
Who might benefit from this drastic overhaul of our current civil justice system you may ask? This provision, coupled with several other provisions in the Governor’s budget, is nothing more than a stimulus package for trial lawyers. It’s time the Governor starts proposing policies and initiatives that will create and retain good paying jobs instead of rewarding those who have contributed large sums to his campaign.
Many organizations from the Wisconsin Civil Justice Council to the National Federation of Independent Businesses to the Wisconsin Insurance Alliance are rallying together to defeat this ill-conceived proposal by Governor Doyle. According to the Wisconsin Insurance Alliance, this proposed change will raise insurance premiums and put every manufacturer, church, and charity at risk of a lawsuit.
With the economy in a recession and families and businesses across the state struggling, this irresponsible policy proposal has no business being included in the state budget. Governor Doyle and Democrats in the legislature should be focusing their efforts on making it easier for families and businesses to survive. By joining me in opposition to these policies, together we can prevent Wisconsin’s civil justice system from becoming a judicial nightmare!
John Nygren is a Republican and represents the residents of the 89th Assembly District.
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• Important votes Tuesday, including Appleton Common Council
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