Newspaper Page Text
The Summerville News, Thursday, July 24, 1986
6-A
Tort Reform In State,
Says Optimist Speaker
By KAY ABBOTT
Staff Writer
“Our courthouses have
become parking lots for
lawsuits,”’ insurance broker
Ted Carleton told local Op
timists last Friday. Carleton, a
representative of The In
surance House, Atlanta, was
Fuest speaker at the weekly
uncheon of the Summerville-
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Carleton Speaks To Optimists
Ted Carleton, of the Atlanta-based Insurance House,
sgoke to members of the Summerville-Trion Optimist
Club last Friday. Carleton engaged the club members
in a discussion of tort reform in Georgia following his
speech. Pictured during the meeting are John Martin
(left), club president, and Carleton. (Staff photo).
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Trion Optimist Club. !
Carleton, a spokesman for |
the Georgia Liability Crisis of
Coalition, gave the insurance
industry's viewpoint on the
reasons behind escalating in- [
surance rates. He then outlin- |
ed the Coalition's proposals for
tort reform in Georgia. A
number of Optimists respond
ed with their own viewlPoints
during the discussion following
Carleton's speech.
“There has been an alarm- |
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ing trend in the last decade
toward legal action,’' the
broker saids. “The number of
lawsuits has increased from
35,000 civil cases filed in
federal courts in 1940 to
206,000 filed in 1982. State
court filings have reached an
unprecedented 12-million, or
one lawsuit for evg?' adult.
The majority are ruled invalid,
but insurance companies still
have to pay the legal costs. In
1983, the legal fees, %ust to de
fend, amounted to $2.9-billion,
or 25 percent of every premium
dollar.”
Carleton added that the
high cost of legal service and
the slow pace of justice con
tributed to the problem.
“In 1950 only 20 civil trials
in federal courts last more than
20 days,” he said. By 1982,
that had increased nine times.
One trial lasted 672 days."
Carleton cited what he said
were overly liberal judgments
recently:
“A {)ody builder entered a
weight-lifting contest with a
refrigerator strapged to his
back. The strap broke. The
weightlifter sued the strap
company and was awarded
sl-million . .. An overweight
man with a history of coronary
disease had a heart attack
while trying to start up a Sears
mower. He sued and received a
reward of $1.2-million plus
$550,000 for the delay in settl
ing the claim whi¥e Sears
appealed.
“A New York doctor left his
car in a parking lot. The park
ing lot attendant, while park
ing the car, hit a security
§uard. The Cguard sued. The
ew York Court of Appeals
held that the doctor and his in
surance company must pay
$75,000. A New York man, at
tempting suicide, jumped in
front of a subway train. He
sued, claiming the train didn't
stop fast enough. The award
was $650,000.”
The insurance broker said
tort system is a national
problem.
“If anyone is to blame, we
are all to {;lame, including the
prominent citizens who avoid
jury duty,” he said.
According to Carleton,
there are a number of causes
for the problems in the tort
system.
He said there is a trend
toward compensation,
regardless of fault. Adding to
the problem are changes in
technology;
“Lawsuits over asbestos,
toxic shock and pollution were
unheard of a few years ago,” he
said.
The speaker added that
more people turn to courts to
solve their personal problems
due to the geclining influence
of church, family and
community.
‘**Another problem is the
‘Deep Pocket Syndrome,”
Carleton said. *'ln an accident,
everyone is sued. Sympathetic
judges and juries will pin it on
the one with the most money."
Carleton added that
although civic leaders and
responsible people serve on
jury duty in Chattooga Coun
ty, such people are more likely
to escape jury duty due to
other commitments. He said
that there was a direct correla
tion between the size of awards
and the makeup of the jury.
“When conservative, establish
ed business and community
leaders are on a jury, they are
more likely to realize the
economic ramifications of the
extreme‘ljy high awards.”
He added that a number of
industries has been adversely
affected by soaring premium
rates due to lawsuits. He said
many schools, day care centers
and municipalities are having
trouble obtaining insurance.
The pharmeceutical industry is
more reluctant to research and
develop new drugs for fear of
lawsuits, he said.
“Doctors are giving up
their practice of deliverin
babies because of medicafi
malpractice premium costs,”
he said. “'ln a typical case, a
doctor will reducegis premium
by $50,000 when he stops
Horoscope
CANCER — June 21 to July 22 — You may be diuffi;)inted
when a telefihone call you are expecting doesn't come boet:Fh.
However, the delay is legitimate. Try not to feel perturbed.
LEO — July 23 to Aug. 22 — A chance mtirvnguwith someone
from the past proves interesting. The encounter will be short and
soon forgotten. The person you meet has changed so much it was
difficult to recognize him or her.
VIRGO — Aug. 23 to Sept. 22 — The time has come to up
date your wardrobe. Throw out the old out-of-style items. Have
a gange sale or give them to your favorite charity.
LIBRA — Sept. 23 to Oct. 22 — This is not your week to
socialize. Plan quiet evenings for reading and watching televi
sion. You will feel more receptive to meeting with friends after
the holidalg'.
SCORPIO - Oct. 23 to Nov. 22 — A family outing this week
groves to be ireat fun. A trip to a sporting event could be the
ifihliim of the week. Students should begin now to plan their
fall school schedules.
SAGITTARIUS — Nov. 23 to Dec. 21 — If l};gu are not now
attendin%church re%'ularly. begin now. Forget about how others
see you. Be cy;oursel . Show an interest in others.
gAPRIC RN — Dec. 22 to Jan. 19 — A relative brings some
interesting facts to {‘our attention conceminig'cour ancestors.
Since you are somewhat of a history buff, you become intrigued
with your family tree.
AéUARIUS — Jan. 20 to Feb. 18 — A sensible diet is a must
for you. Count calories. Determine how many you need daily to
lose, gain or maintain your weight. Exercise moderately.
PISCES — Feb. 19 to March 20 — Lady Luck is smiling over
iy;our shoulder as you win a prize or receive a windfall of some
ind, enabling K;)u to do something special for the love in your life.
ARIES — March 21 to Agril 20 — Your health imFroves. A
change in your diet makes the difference. Avoiding foods and
beveralgjes that are not good for you are the keys.
TAURUS — April 21 to May 20 — You would do well to treat
others as you woul% want to be treated. There is no quick remedy
for gersons whom you have alienated. Try to forget them.
EMINI — May 21 to June 20 — Your treatment of family
members has been slipshod. You would do well to take a closer
look at your situation. The people you are putting your faith in
now won't stand by you.
Widening Bids
To Be Opened
The long-anticipated widen
ing of U. S. Highway 27 from
Summerville to Trion will draw
a step nearer reality Friday
morning when bids on the pro
ject are opened in Atlanta.
The Georgia Department of
Transportation wifi open bids
on the U. S. 27 widening at 11
a.m. Friday, as well as bids on
several other Chattooga Coun
ty road programs.
The gummerville to Trion
project calls for 4.134 miles of
widening to five lanes and
plant mix resurfacing, beginn
ing at First Avenue in Sum
merville and continuing to nor
theast of First Street in Trion.
It will include construction of
two concrete bridge culverts,
one at Town Branch in Sum
merville and the other at
Henry Branch at Summerville
Square.
The work is supposed to be
completed in time for
Christmas next year. The
deadline for completion is Dec.
1, 1987. Construction could be
expected to begin later this
summer if bids are acceptable
and if a low bidder meets all
DOT'’s requirements, highway
officials indicated.
The DOT had to obtain 223
tracts for right-of-way alon
the highway, beginning the efi
fort in October, 1984.
Efforts are continuing to
relieve the City of Summerville
of some of the cost of
relocating utilities and clearing
the right-of-way along the
highway. An apparent low bid
was received earlier by the
DOT from Cary Harbuck Inc.,
Americus, for that work. It
totaled $1,032,949.
The city has received a
pledge of $200,000 toward that
cost. It will also receive a 6 per
cent interest loan of $453,460
from the DOT. The state also
has given the city $99,540. But
the city would still lack
$279,949 having enough to pay
for its share og the costs.
But if the DOT clears the
ri%ht of wa{). part of that short
fall would be met.
¥
OTHER PROJECTS
The DOT Friday also will
Hearings
Scheduled
Preliminary hearings in
several criminal cases will be
held Friday before Chattooga
County Magistrate Jon Payne,
probate juglge.
Additional preliminary
hearings are likely toward the
end of next week, as well, to
prepare for convening of the
August term Chattooga Grand
Jury Aug. 4.
' delivering babies."”
| During the discussion, the
| Optimists asked Carleton why
' insurance rates have not drop
| ped in states that have alrea(g'
| implemented tort reform.
l “This is just getting started
| in a few states,” he said. “Once
| we get a rollback in awards,
competition within the free
enterprise Zystem should bring
about a reduction in rates.”
The speaker's comment
that the decision on the money
amount of awards should be
taken out of juror’'s hands
brought a negative reaction
from most responding club
members.
Asked why auto insurance
rates did not drop when no
fault insurance came to the
state five years ago, Carleton
replied that rates might be a lot
higher today if no-fault in
surance had not been
implemented.
receive bids on a sidewalk from
H{Fhway 114 to the Summer
ville Recreation Center on Boll
ing Road, and at Summerville
Middle School and the Sum
merville Industrial Park, both
on Bolling Road. The state
plans to provide turning lanes
at both sites.
In addition, the DOT will
open bids Friday morninF on
widening Highway 337 from
Menlo Schoo% to its intersec
tion with Hifhway 48. The
state also plans to install
sidewalks along the stretch.
Work on the Bolling Road
and the Menlo projects is to be
completed by K’lay 1, 1987.
The DOT will open bids at
11 a.m. Friday for two concrete
bridge culverts, one at Mosley
Springs on Oak Hill Road and
the other at Town Branch on
Bellah Avenue in Summerville.
Those Erojects must be com
pleted by Sept. 1.
By
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One Slightly Hurt In Summerville Wreck
A teen-ager was slightly hurt in this one
car accident on the Town Creek bridge on
Bellah Avenue shortly after lunch Mon
day. Summerville I;,olice Capt. Fred
Lawson identified the driver as Bradley
Earl Johnson, 17, 119 Hinton St., Sum
merville. Johnson received a laceration on
Receives 20 Years
Two Chattooga County
men were sentenced in a car
scam last week in Forsyth
CountK after being convicted
on a charge of theft by decep
tion last §une 17,
Forsyth Dist. Atty. Rafe
Banks said Blue Ridge Judicial
Circuit Judge Frank C. Mills
sentenced James Earnest
Hammitt, 47, Summerville
Rte. 4, to 20 years with eight
years of that time to be served
in prison. Banks said Roland
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his left arm, police said, but refused
medical treatment. Lawson said the
Johnson car was traveling west on Bellah
Avenue when it went out of control, cross
ed the road and struck the bridge railing.
The road was slick from a recent shower,
police said. (Staff photo by Tommy Toles).
Wooten, 57, Sunrise Circle, l
Trion, received 10 years proba- |
tion. A third suspect in the |
case, Jimmy Wooten, diedl
prior to the trial last June.
Banks said Hammitt and
Wooten were convicted in a
scam that netted them eight
cars from a Cumming
Chevrolet dealer between Sept.
24-28, 1985. They were ar
rested last October.
Both were tried jointly in
{ early June on the charges.
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