JEFFERSON CITY - Legislators have moved a step forward toward passing a bill to change the way courts consider punitive damages in legal actions.
Senate Bill 591 was perfected by the Senate on Wednesday and will now have a third reading in the chamber before a final vote. It will then go to the House.
Under the bill, punitive damages will only be awarded if the plaintiff “proves by clear and convincing evidence that the defendant intentionally harmed…without just cause or acted with a deliberate and flagrant disregard for the safety of others.”
Further, an initial complaint cannot include a request for punitive damages, and any later pleading may be filed only with the approval of the court.
Business leaders welcomed the passage of the bill, sponsored by Sen. Bill White (R-Joplin), with the Missouri Chamber of Commerce and Industry describing the legislation as its top legal reform priority for the 2020 session.
“We have supported changing the procedures around pleading for punitive damages to restore fairness in the process,” said Matt Panik, the chamber’s vice president of governmental affairs told the St. Louis Record.
“We were encouraged to have hearings and floor debate on our top priority early in session, and seeing the Senate perfect SB 591 in February was also an important sign of progress.
“We anticipate this momentum to continue in the House and will advocate for adoption of these important reforms.”
This bill is a key piece of our legal reform policy recommendations to help staunch the flood of frivolous, job-crushing lawsuits in Missouri that are stifling our economic growth, according to Daniel P. Mehan, president and CEO of the Missouri Chamber.
“We thank Sen. Bill White for his leadership on this issue and will continue to advocate for Senate Bill 591’s passage into law," Mehan said.
Opponents view the bill as the just the latest move by legislators, and their supporters in business, to chip away at the protections afforded to litigants in court actions.
“From the beginning, our position — and my position — is why is the state of Missouri and our legislature changing this public policy in order to protect the very worst of the worst corporations?” Missouri Association of Trial Attorneys President Brett Emison told The Missouri Times. “We aren’t talking about negligence here; we’re talking about malicious conduct tantamount to intentional wrongdoing.”
The bill only passed after a day of drama in the Missouri Senate, one that included an 18-hour filibuster that knocked back legislation that aims to reform asbestos litigation.