By DAVID NICHOL
T-H Staff Writer
A bill which would limit the punitive damages which can be awarded in civil lawsuits passed the Arkansas House Friday by a good margin, but still faces the Senate.
"Everything's a hurdle," said Danny Ferguson, D-Forrest City, the lead House sponsor of the bill. We've passed two of four (the House Judiciary Committee and the full House). Next is the Senate Judiciary Committee," followed by the full Senate if the bill makes it out of committee.
Ferguson said even though the 71-28 vote on which the bill passed in the House provided a good margin, there was still a fight to get the measure passed.
"There was quite a battle on the House floor, about two hours of debate," he said. "There was a motion made to refer it back to committee, which we viewed as just a delay tactic, because we had already heard 10 and a half hours of testimony in a committee. We were able to defeat the motion."
He said Sen. Bob Johnson, D-Morrilton, is the lead Senate sponsor.
"I myself don't have as good a handle on how the Senate feels as he does," said Ferguson. He also said he wasn't sure when the matter would be taken up in the Senate committee.
"It could hit the Senate Judiciary this coming week," he said. "At this point we have not been given a specific date. But we anticipate, probably, within a week."
Ferguson was quoted Friday as saying the bill was a common-sense approach.
'It puts Arkansas in a more competitive position and it will help ensure access to quality, affordable health care. It doesn't go nearly as far as what many other states are doing,'' he said.
Opponents of the measure argue that caps on punitive damages will benefit large corporations and further hurt injured people, while some doctors and other supporters of the bill say that more people would suffer through higher medical bills and health insurance premiums.
The tort bill caps punitive damages at three times the compensatory damages or $500,000, whichever of the two figures is the lesser amount. Beginning in 2006, the limit would be adjusted every three years in relation to the Consumer Price Index.
Ferguson said the bill does not limit an injured party's ability to recover medical costs as well as ''non-economic'' losses, such as pain and suffering.
Opponents of the tort bill dispute the claim that civil lawsuits and large jury awards have contributed to rising insurance costs. They say malpractice insurance premiums are cyclical and a result of investment losses in the insurance industry.
Thirty-seven states have revised their tort laws. Tennessee also will take up the issue in its legislative session this year.
''If there are states who have already passed these laws and are still having the problems they had, why is it an example for us?'' asked Rep. Joyce Elliott, D-Little Rock. ''I'm not sure we're fumigating the right culprit See BILL on Page 12
Vaccine for a possible smallpox outbreak is scheduled to arrive at the St. Francis County Health Unit this month, according to Bonnie Dodson with the health clinic.
Dodson said that although no exact dates have been scheduled for the first vaccinations, expectations have the first clinic officials receiving shots within two weeks of delivery.
"We haven't really set aside a date for when we will start vaccinating our vaccinators, but we do expect it to be within the first couple of weeks after we get the vaccine," Dodson said.
One Arkansas healthcare provider, St. Vincent Health System, announced over the weekend that they would not provide the vaccine due to the possibility of infecting patients. According to Dodson, no eligible Health Department officials have refused the test locally.
"In order for a person to be eligible to receive the vaccination, they have to take a pre-vaccination qualification test. If for any reason you don't qualify, then you can't take the vaccination. That could be because of skin ailments, pregnancy or a pregnancy in your household or any number of reasons, but we haven't had anyone who qualified decline to take the vaccination," Dodson said.
An arrest was made Friday afternoon in an aggravated robbery that took place in June.
On June 21, four men allegedly stormed into the home of John Peeples III, 43, on U.S. Highway 70 near Heth. They demanded money and guns, and Peeples was shot in the leg.
According to Glenn Ramsey of the St. Francis County Sheriff's Department, DeShawn Jones, 20, of 725 Redwood in Forrest City, was arrested Friday for his alleged participation in the crime. Jones was already in jail at the time, in connection with some alleged car break-ins.
According to reports at the time, Peeples, his wife, Susan, 43, and their 8-year-old daughter were at home at the time of the robbery. The suspects allegedly forced their way into the home just before 11 p.m. and said, "Where are your guns and where is the safe?"
Several pieces of jewelry, three guns and a large amount of cash were taken, police reported.
Jones was charged with aggravated robbery, first-degree battery, aggravated assault and terroristic threatening.
Governor Mike Huckabee recently appointed 28 individuals to state boards and commissions with three of those hailing from Eastern Arkansas.
Forrest Citians Steve Hollowell and John Stipe, were each reappointed to the East Arkansas Community College Board of Trustees. Stipe and Hollowell will each serve until Dec. 31, 2008. Stipe is the chairman and president of Forrest City Bank and Hollowell is a real estate broker with Gilmer & Mosley Realty.
The governor also reappointed Steve Edwards of Marianna to the Economic Development Commission. Edwards, the owner of GES Inc., will serve on the commission until Jan. 14, 2007.