North Carolina Trial Law Blog

Conserver and republican his entire life. Bill v paid is not a conservative principle.

Explains bill v paid. No evidence of who pays bill.

New law puts in incurred expense and balance.

Switches responsibility from the prudent party to the innocent party.

This is confusing when you try a case.

This does not work in the real world. You font negotiate expenses with before trial.

It creates no jobs. Not broken, don't fix

Collateral source bill.

You can't introduce unto evidence payments made by another source.

Simple. Place reponiability on plaintiff. That's wong.

This bill ONLY changes one side. You will not hear information about the Defendnts insurance.

Last section: 6-21.1

Purpose: insurance company low balls you. Allows people to have a lawyer and go to court.

Suggest deleting 1.1. Delete 1.2 and

Jon Moore. Represbets Evan who was in car wreck

Preseident of NC College of Emergency Physicians.

ER provides backbone of medicine. We should get the same laws as firemen and police men. (Also known as immunity- would the ER doctors accept their salaries as a trade off?)

EMTALA only covers ER and labor and delivery. But isn't that what Dick Taylor said?  He's dodged the question that the ER Immunity provision is huge and covers a lot of medicine.

ER challenge by being "Stuck" with patients.

Says TX attached 850 new ER Docs

Gary Clemmons on 6-21.1 fees

Malpractice reform should focus on increasing good care not relieving of liability.

Discussing gross v regular negligent.

"Sets the bar too high"

CAPS: 250 caps discriminate against retired people who have no hard economic costs.

Will mean old people will not even be able to get lawyers.

Retired, disabled and unemployed will not be able to get lawyers.

Tax payers will pick up costs for malpracticed upon nursing home patients.

Done.

Kyre continues on Daubert. I hope hr takes all 45 minutes of the proponents of this bill. Daubert even makes lawyers roll their eyes.

Kyre: "jurors can be misled by a sharp talking trial lawyer who can fool them"

Translate: Juries are stupid
Alternative: I'm not a good enough lawyer to point out shenanigans of opposing lawyers.

Come on Ken, respect juries.

Kyre has used at least 8-10 minutes. Better go against the Insurance lobby time count.

Finally wraps up.

Bill Wilson with AARP next.

Ken Kyre- NC Chamber

Says NC needs Daubert Rule. To prevent juries from being deceived by junk science. Trial Judge has that role now.

Does not mention that Daubert standard creates huge cottage industry for defense lawyers and increases cost of litigation and cost to court system.

Giving prongs of Daubert standards.

Still talking about EMTALA provisions and thy fed law refers to, specifically, child birth or LABOR, the L of EMTALA.

Taylor has spoken with Rhyne about bootstrap immunizing all acute care with immunity.

Also concerned about all provisions related to tort reform.

1. Less protection to NC than any other state in nation on products liability.

Gives example of Arkansas tainted chicken sold in NC. Nc citizens would have no rights. Only state that way.

Brings up Michigan immunity but aus ours is way bigger.

Collateral source. Bill provides only information about the plaintiffs prudence in purchasing insurance.

Perhaps the lobbyists for multinational insurance companies think NC is the best state for the lowest protections. We think not.

Next up- Ken Kyre for NC defense lawyers and NC Chamber.

Duabert state.

Every provision favors perpetrators of harm. Nothing helps people of Nc

Cap on damages of $250k

Most troubling provision is SB 33 ER immunity provisions. Only drunk stoned doctors are liable.

Gross negligence is too high a standard.

EMTALA on federal level may give OBgYN doctors immunity.

Invites committee to put definition of emergecy in Plain words. Don't hide definition.

Begins by saying HB 542 has been introduced.
Strict time limits.

Required to sign in.

Committee will not take questions.

First speaker Dick Taylor and Burton Craige.

Correction to last post, that was David Hood, a defense lawyer here to speak for the Chamber of commerce on 6-21.1 attorney fees. His identical twin brother is John Hood, of John Locke foundation.

David will argue that Atty fee statute needs to be changed because it considers the time the lawyer works on the case. Argues that judge should not consider 2+ years if litigation in determining if injured person beat the highest offer of ins co.

Opposite is true. If ins co can litigate without worrying about time of p lawyer, change in statute encourages court house step offers.

The select committee on tort reform is meeting at 11 am. The room is filling up with insurance lobbyists. I've seen State Farm, Farm Bureau, Chamber of Commerce and many law firms who lobby for the Axis of Not Good: Allstate, Nationwide , etc.

John Locke Foundation has showed up too. Will the libertarians promote a bill that embraces FDA regulations to give immunity from suit?

The looks on their faces remind me if my child on Christmas morning. Will Santa come?