By: Robert Jay

    TORT REFORM - according to my handy-dandy World Book dictionary a tort is defined as "any wrong, harm, or injury for which the injured party has the right to sue for damages in a civil court, with the exception of a breach of contract."

    My understanding of the nature of the problem is that there has been too much suing for frivolous, malicious, and feigned injuries (mental as well as physical). Besides being immoral and dishonorable it has the unpleasant side effect of driving small companies out of business and large companies to settle because it is cheaper than going through the hassle of the "Gordian Knot" in our legal system

    On the other side of the coin, I was recently involved in an three car accident of which I was an innocent party. My vehicle was totaled by the insurance company. Yet what I received would in no way allow me to obtain a comparitive replacement, in that they pay only market value not replacement value. For all practical purposes I was an innocent victim. Yet, under California law, and I expect the law of most states, the tort lawyers tell me I don't stand a chance to recover the costs I have incurred, not to mention the time and hassle that was involved, to put me back to my original position before the accident. I would expect any tort reform to come to the aid of innocent victims such as myself.

    The House majority agenda says it best: "The total tort tax on individuals, government and businesses totals more the $80 billion in direct costs (such as litigations costs and higher insurance premiums) and $300 billion in indirect costs (including defensive medicine and other efforts to protect against liability). American competitiveness has been significantly hampered due to our runaway legal system. Frivolous lawsuits and erratic legal theories adopted by courts all across the land have diminished our competitiveness and reduced the prestige and regard for the legal system by the American public."

    "In addition, charities and local governments are increasingly being forced to cancel important services because of the fear of abusive lawsuits.

    The purpose of this tirade is for you to "suggest" to your Congressman that he work "...towards passing a strong bill that will ensure that common sense prevails in our tort system and that will restore the competitiveness of American companies."

Adieu, Robert Jay,
aka gadfly@iswest.com,
474 E. Wilbur Rd. #104,
Thousand Oaks, CA 91360,
Tel.# 805.495.8207