(The Center Square) – The Georgia Supreme Court has been named one of the most important “judicial hellholes” in the country, according to a law reform organization.
The American Tort Reform Foundation (ATRA) has published its annual Judicial Hellholes report, Highlighting local and state jurisdictions means abusing the judicial system. The Georgia Supreme Court is the third worst hellhole in the country, according to ATRA. It is the highest so far for the state.
“The Georgia Supreme Court has developed a bias to widen liability at every opportunity and other courts across the state are following suit,” the ATRA said.
The elimination of blame in certain cases, the expansion of bad faith liability of insurers and nuclear judgments by the Supreme Court led to its position on the report.
The state’s complaint-friendly system is harming Georgia’s businesses, according to ATRA. According to ATRA, the trucking industry is hardest hit by nuclear judgments. Nuclear judgments are jury awards that exceed $ 10 million. The rulings have bankrupted trucking companies and resulted in higher insurance premiums for truckers.
The average truck accident verdict rose from $ 2.3 million to $ 22.3 million in 2010 through 2018, an increase of nearly 1,000%.
“Small and medium-sized companies are hardest hit. You have less financial flexibility, ”says John McGlynn, transportation director at Burns & Wilcox. “I think that ultimately the premiums cannot be afforded by the smaller, family-run drivers with 10 units or less. We’re going to lose that history, that free spirit and independence that formed the basis of “the trucking industry.”
However, the number of nuclear judgments in Georgia declined in 2021 in part due to COVID-19 shutdowns. Still a jury from Rabun County excellent $ 200 million to the parents of a boy who died in a boating accident, the largest verdict in the county’s history. The judges found that Malibu Boats, the boat manufacturer, was 25% responsible for the accident as it did not warn of the risks, and transferred the other 75% of responsibility to the boy’s great-uncle who operated the boat.
The ATRA said states should be concerned about how the abuse of lawsuits is affecting the economy.
“If lawmakers focused on addressing the problem by passing certain reforms, the state’s residents and businesses would save over $ 3 billion,” ATRA said. “These annual savings would save 38,209 additional jobs and $ 6.24 billion in increased economic activity. In addition, the state government would benefit from $ 291 million in increased tax revenue.”
Georgia lawmakers passed a measure to prevent healthcare facilities and providers, as well as other businesses, including those that sell personal protective equipment, from being sued for possible exposure or transmission of COVID-19. The law excludes the protection of companies or health care providers who are proven negligent or guilty of “willful and willful misconduct, reckless infliction of harm or willful infliction of harm”.
The move was supported by the Georgia Trial Lawyers Association, the Georgia Hospital Association, and the Georgia Chamber of Commerce. It should expire in July.
California was named the ATRA’s top justice hellhole, followed by New York.
