By DAVID NICHOL
T-H Staff Writer
A local state representative expressed pleasure at the signing of a bill to limit damage awards in civil lawsuits.
On another matter, he also said those who complain over the Legislature's seeming lack of action on education issues don't realize how complicated the subject is.
Rep. Danny Ferguson, D-Forrest City, was the chief House sponsor of the tort reform bill, which was signed into law Tuesday by Gov. Mike Huckabee.
Opponents argued that caps on punitive damages would benefit large corporations, further hurt injured people and not resolve the problem of rising insurance rates. However, Ferguson said the law was needed.
"I think it reflects a huge, broad-based support from all corners of the state -- not only doctors and health care providers and business owners, but also citizens who are concerned about having access to health care, who have had doctors quit their practice because of the unavailability of affordable insurance," said Ferguson.
He said the new law helps level the playing field for Arkansas, with other states in the region.
"It will help companies to stay and be more competitive, and it will help the state to be in a more competitive position in helping new business into Arkansas," he said. "It also strikes a very fair balance in allowing a person who has been wronged to go to the courts and get compensation."
Ferguson also said that suits which have been filed before the law became effective on Tuesday will not be affected.
In legal terms, a tort is a wrongful or injurious act, a civil wrong, but not necessarily a crime.
On the matter of education, Ferguson said the issue is complicated. The state Supreme Court recent said the state's school system was inadequate and unequal.
"I don't think it's fair to say the Legislature is not doing anything," he said. "There is a lot of testimony being heard. And there is an adequacy study that is being done and will not be finished until late summer. Some lawmakers feel that we should not address major changes in education until we decide what an adequate education is."
He said one of the main things brought out in the suit by the Lake View School District, which resulted in the ruling, was adequacy and equity.
"And some feel that we have not defined what adequacy is, and once we do, we can better decide what the cost is going to be, and we can also address what we'll have to do with poor performing schools and smaller schools.
"So if people think that not having anything in the Legislature passed so far means the lawmakers are doing nothing. They're wrong," he said. "Keep in mind, this was not initiated by the legislature. This is a Supreme Court order. The worst case scenario is for the Legislature to look at this problem and then do nothing. But I think you will see some major changes in education. Those changes will be made when we come back this fall. Until then, we want to see the completion of the adequacy study."
On the tort legislation, The House passed a stricter version of the bill in January and later agreed to the Senate changes.
The bill was changed to raise the cap on punitive damages from $500,000 to as much as $1 million and to address lawyers' concerns about how to spread damage liability among defendants.
Opponents of the bill disputed the claim that civil lawsuits and large jury awards have contributed to rising insurance rates. They say that medical malpractice insurance premium increases are cyclical and a result of investment losses in the insurance industry, not caused by the legal system, and that large malpractice awards in Arkansas are rare.
By ALAN SMITH
T-H Staff Writer
This weekend, Forrest Citians will be able to experience some Native American culture. The 2003 Circle of Friends Pow Wow will begin tomorrow, and run through Sunday at the Wiley T. Jones Fairgrounds on Highway 1, south of Forrest City.
The center of each day's events will be the Pow Wow itself. The dancing will take place within a circle while groups called Drums perform and sing traditional songs. Many other events are scheduled for the three-day event that will showcase some traditional Native American crafts and activities in addition to the Pow Wow.
Some of the events, according to a press release, will be demonstrations of Native American life. Primitive camps will be on display by the Grey Squirrel Lodge, an Osage-orange self-bow demonstration by Two Eagles Starns, pipe making by Gary Dancing Bear, storytelling by Ken Silver Fox, and educator Tom Strong Bull Varnado will offer tours of his teepee.
A wide variety of crafts will also be available throughout the event. According to the press release, the items sold are authentic, Indian-made items and will represent many different Native nations.
Friday is Children's Day and gates open at 10 a.m., with dancing from 11 a.m. through 2 p.m. On Saturday gates will again open at 10 a.m., and daytime dancing will be held from noon until 5 p.m. On Sunday the dancing will begin at 1 p.m. and end at 4:30 p.m. when a charity auction will be held. Dancing will also be held at 7 p.m. on Friday and Saturday. Admission, parking and camping are all free of charge for this event.