Senate Bill 591 – Punitive Damages
We had a very busy week in the Missouri Senate that included a 20 hour, all-night filibuster on Tuesday and Wednesday on a bill dealing with mesothelioma litigation. As my punitive damages bill, Senate Bill 591, was next on the calendar, we took advantage of the time being spent on the filibuster to negotiate with the trial attorneys and other interested parties on my bill. After about 8 hours of discussions, we reached an agreement and drafted a new senate substitute reflecting the compromise.
Under the current system, some attorneys, in addition to filing a claim for compensatory damages (damages to recover the cost of the damage to a plaintiff), are filing a meritless claim for punitive damages (damages designed to punish the defendant for intentional or outrageous behavior). As an attorney, it is my legal opinion that this tactic is used to scare businesses into making larger settlements since punitive damages are not covered by insurance and therefore place the person’s wealth or business at risk. This is also a common practice in medical malpractice cases. Senate Bill 591 prohibits this practice by only allowing the initial case filing to be for compensatory damages and requires that the plaintiff’s attorney have a hearing to amend the petition to include punitive damages which will be approved only when enough clear and convincing evidence is presented to the court that a jury could reasonably find that the defendant intentionally, or with flagrant disregard for the safety of others, did the egregious act.
The bill also returns to the original intent that to receive punitive damages the defendant’s action has to be one in which they intentionally harmed another or that the act perpetrated was outrageous and evil in its disregard for the safety of others. However, nothing in this bill inhibits a valid case for punitive damages from proceeding.
My bill was perfected on Wednesday and was sent to fiscal review on Thursday. It should be 3rd read and passed next Monday and on its way to the House of Representatives for their review, action and passage.
Senate Bill 718 – Military Affairs Update
My military affairs bill, Senate Bill 718, has been placed on the formal calendar for perfection and will hopefully be debated on the senate floor soon. I am confident that my colleagues and I can agree on this important legislation and send it to the Missouri House of Representatives for consideration as soon as possible.
Meet Our Senate Intern
Last month, we welcomed a new intern to our team. Juliana Bartoli, originally from O’Fallon, Missouri, is a student at the University of Missouri, majoring in international business and political science. Her favorite aspects of the job are working with my kind and helpful staff, Mike and Gina, and learning from their vast experience with the legislative process. She aspires to be a lawyer and work on international policy after graduation.
Capitol Visitors
On Tuesday, Feb. 25, approximately 50 cadets from the Cardinal Battalion, Webb City’s Army Junior ROTC class, and their instructor, Lt. Col. Dustin Elder, visited the Capitol. While they were here, I had the honor of introducing them on the Senate Floor and presenting them with a Senate Resolution for their Rifle Team’s accomplishments in a recent, highly competitive national championship.
