Commentary: Tim Lavender

State Needs Lawsuit Reform

The Charleston Gazette, April 6, 2005

Solving difficult problems usually takes a great deal of compromise, because people and organizations tend to get entrenched in their attitudes and policy positions. One issue currently being debated in the Legislature is a case study in compromise that will result in an improved economy in West Virginia — provided our elected officials do the right thing.

Gov. Joe Manchin is working with the Legislature, the business community and the trial Bar to solve a difficult and complicated problem: the lawsuit abuse that has put the brakes on West Virginia’s ability to attract new employers.

West Virginia’s legal system has earned a reputation as one of the worst in the country. For the last four years, our state has ranked 49th out of 50 in a nationwide poll on legal fairness. Why should we care what people think about our court system? Because our reputation for unfair courts has started a domino-like effect on our state’s economic well-being.

Employers don’t want to do business in a state where they think they will be targeted for frivolous lawsuits, or worse, where they may not get a fair trial if they are sued. So while companies leave the state or simply choose to stay away, small-business owners, workers and families here in West Virginia pay the price of lawsuit abuse in the form of lost jobs.

As unemployment rises, many West Virginians must leave the state in search of work. When they move north to Pittsburgh, west to Columbus, or to any number of other locations, they take with them the much-needed tax revenues that support our schools and social services.

The time has come to reverse the domino effect that has for too long stifled our state’s growth. To make West Virginia competitive, we need to keep people living and working here by attracting employers and investment. To attract employers and investment, we need to enact meaningful legal reform laws this year that will change the lawsuit-friendly environment that has given West Virginia a bad name when it comes to legal fairness.

The proposed reform measures passed by the Senate and currently under consideration in the House of Delegates aim to protect our citizens’ rights and grow the economy. In other words, these measures can help stop the dominos from falling.

We all know that West Virginia is a great place to live, work and raise a family. Gov. Manchin and the Legislature are working to pass a bill that would curb frivolous lawsuits against insurers. That is a good place to start. Passing the bill will build confidence and allow our elected officials to pass additional legal reforms that will truly rid our state of unwarranted litigation, spur economic development and get West Virginia back on the right track. It’s the right thing to do.

Lavender is with the C.B. Hall insurance agency in Charleston.