Trial lawyers find themselves overruled in this legislative session

TALLAHASSEE — The lobbying arm of the Florida trial lawyers limped into this legislative session, and the group's pain is only getting worse.

A handful of measures to change litigation law are making swift progress in the first weeks of session, as advocates capitalize on the Florida Justice Association's diminished political clout.

"There is a lot of general feeling against trial lawyers," said state Rep. Peter Nehr, a Tarpon Springs Republican whose bill backed by the Justice Association met tough resistance in a committee Tuesday.

To prove the point, the Florida House is poised to pass legislation Thursday that puts a $50 million cap on fees for attorneys who pursue a case on behalf of the state Attorney General's Office and another designed to protect businesses from so-called "slip and fall" lawsuits.

The trial lawyer lobby is typically a powerful roadblock to bills that restrict lawsuits. But the perennial fight between the association and business groups is lopsided this year.

The state's dismal economy is leading lawmakers to favor business interests under the label of job growth, and the trial lawyers still have a black eye after the foes clashed in a bruising 2009 special election in the Jacksonville area.

The trial lawyers spent big money to oppose state Sen. John Thrasher, who won the seat in September. And the law group later made an embarrassing mea culpa, acknowledging that they mailed a controversial flier that warned of "violence and intimidation at the voting booth."

Thrasher, a former Republican House speaker and Florida Medical Association lobbyist, is now the chief advocate for two bills opposed strongly by the trial bar. One that would grant emergency room workers at private hospitals sovereign immunity from costly lawsuits is highly controversial but is progressing further than ever before.

With the economy in the tank, lawmakers were already favoring business interests. And Mike Haggard, the president of the Florida Justice Association, dismisses the suggestion that his operation is weakened from the stain of the election.

"Well, obviously (Thrasher) is the common denominator in sponsoring the bills," said Haggard, a personal injury lawyer. "But I haven't seen (the sentiment) elsewhere."

Thrasher, asked about the bills, smiled and said the legislation has nothing to do with the campaign.

State Rep. Rick Kriseman, a St. Petersburg Democrat, is more incredulous. "The political process should not be used for settling scores when Florida's citizens suffer," he said, noting Thrasher's involvement.

Though it's still early in the nine-week session, lawmakers and lobbyists are focusing attention on three bills — the attorney fee caps on state cases, the slip and fall protections, and another measure to restore a parent's right to sign a negligence waiver for a child — that are most likely to pass this year.

The momentum shift is putting the trial lawyers on the defensive.

Even a measure the group is backing to allow larger judgments in lawsuits against the state and local governments met ardent opposition in a House committee Tuesday morning.

The bill (HB1107) would have increased the sovereign immunity caps for damages against government entities from $100,000 to $250,000 with total claims from one incident capped at $1 million. But the House Civil Justice and Courts Policy Committee dissolved into chaos as opponents crafted hand-written amendments to substantially weaken the bill, lowering the caps to $200,000 and $400,000 in the aggregate.

Later in the day, the House considered the litigation caps and slip and fall legislation with only moderate opposition from Democrats.

A number of Democrats are expected to vote for the two measures after debate Thursday. Republican Gary Aubuchon of Cape Coral said it speaks to the energy behind these issues this year.

"I think the evidence is telling," he said.

John Frank can be reached at jfrank@sptimes.com or (850) 224-7263.