The bill, the result of a House-Senate conference, deals with product liability suits, capping punitive damage awards, vil,16p,9p which are intended to punish negligent behavior by going beyond compensation for injuries suffered. The measure largely reflects a bill passed by the Senate last year. The House version was broader, capping punitive damages in all civil cases and putting special limits on medical malpractice awards. Under the bill, juries hearing faulty-products cases could grant a maximum punitive damage award of twice a claimant's compensatory damages - payments for economic losses and pain and suffering - or $250,000, whichever amount was more.
An exception would be made for businesses with fewer than 25 employees. In those cases, juries could award only $250,000 or twice compensatory damages, whichever was less.
The measure serves a vital purpose without stripping plaintiffs of their right to redress. But the trial lawyers, who are supporters of Clinton's re-election bid, don't agree. This is the same group that is trying to scuttle no-fault auto insurance in Hawaii. Majority Whip Trent Lott observed that if the president vetoes the bill, "he will show clearly that he is owned by the plaintiff's lawyers of America. And the only group more unpopular than members of Congress are lawyers."
Although the measure had mostly Republican support, some Democrats also backed it. Jay Rockefeller of West Virginia, usually a Clinton ally, was one of the authors. Rockefeller said the bill attempts "to make a fair, reasonable balance between the interests of business and consumers."
Clinton has presented himself as a "New Democrat," sensitive to the needs of business and economic growth. Putting a lid on punitive awards in product liability suits is a way to help the economy. If he vetoes this bill, it could well become an issue in the election campaign. And it should.
ATTORNEY General Margery Bronster complains that the state Sunshine Law is unenforceable, and she's right. As written, the law produces such absurd results as potentially making criminals of people like former Big Island mayor and judge Shunichi Kimura for having innocent private conversations with his colleagues on the University of Hawaii Board of Regents. The attorney general's idea merits consideration. Something should be done to stop making potential criminals of members of boards and commissions who dare to talk about their work unless the public is present.
Rupert E. Phillips,CEO
John M. Flanagan,Editor & Publisher
David Shapiro,Managing Editor
Diane Yukihiro Chang,Senior Editor & Editorial Page Editor
Frank Bridgewater & Michael Rovner,Assistant Managing Editors
A.A. Smyser,Contributing Editor