Friday, September 11, 2009

The other side of Tort Reform

I have not written in a while as I have been traveling and work keeps getting in the way. One of my trips was to Louisiana for a funeral of one of the strongest people I have ever had the privilege of knowing. She was injured in a SUV rollover several years ago and paralyzed from the neck down due to the roof crushing in on her. Before the injury she was a teacher, cheerleader coach, mother of two and wife (among many other titles). After the injury she was confined to a wheelchair and needed constant help and care, BUT because of her strength (and that of her family) she fought to get back to teaching, she was the mother to their children and wife to her husband. She demanded excellence from everyone around her including herself and put her family and students first. She was told several years ago by one of her doctors that she could extend her life expectancy by quitting teaching and spending less time in the wheelchair and more in bed. Her response was that she would rather die teaching than live in a bed. Those that support tort reform would have the damages to this woman and family limited or have the manufacture immune from being sued despite their defective roof. When those that cause harm and injury are immune from paying for the damages they cause, or the damages are limited to some arbitrary amount, who will pay for this expensive care? Everyone. The reason the civil justice system was created was to allow a means of compensation from those who caused the harm. I wish everyone could have know my client and friend. Her life made any difficulties we have seem laughable, her strength gave everyone around her strength to do what was right regardless of the cost and her smile made everyone smile.

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