Wisconsin Assembly Democrats backed away from changes to the state’s contributory negligence law pushed by Gov. Jim Doyle and trial attorneys but opposed by a coalition of businesses and others.
Democrats voted behind closed doors to remove an item in the state budget that was designed to make it easier for defendants to collect damages in civil lawsuits where more than one party is at fault.
Getting rid of that issue, one of several that appeared to divide Democrats, could help ease passage of the budget in the Assembly.
Democrats were being pressured by members of a coalition that formed to oppose the change to the “joint and several” liability law. The members included businesses and economic-development and tourism groups, who argued the change would drive business out of the state, lead to more lawsuits and raise insurance rates.
“It’s the classic victory for grassroots lobbying,” said James Buchen, vice president of Wisconsin Manufacturers and Commerce, the state’s largest business lobbying group. “If enough people make enough calls and write enough letters, legislators will do what the people want them to do.”
Trial attorneys who pushed for the change said fears of opponents like WMC were unfounded because what the governor proposed would largely return the law to what it was before 1995.
The Wisconsin Association for Justice, the trial lawyer group, said the change would ensure that wrongdoers are held accountable. The group said in a statement it was disappointed with the Assembly Democrats’ move, saying it appeared to be “largely based on misinformation and scare tactics by those who do not want to be held accountable for injuries they cause consumers.”
Doyle spokesman Lee Sensenbrenner said the governor understands the Assembly’s decision. Doyle’s priority is getting the budget passed on time and he didn’t want this issue to hold it up, Sensenbrenner said.
Doyle originally proposed in his budget that someone as little as 1 percent at fault could be ordered to pay 100 percent of the damages. The Legislature’s budget-writing committee raised the threshold to 20 percent. Current law sets it at 51 percent.
Assembly Democrats decided in a secret vote taken during a closed caucus meeting Wednesday to keep current law unchanged. Results of the vote were reported by Speaker Mike Sheridan’s spokeswoman Becky Sweeney.
Democrats are discussing changes to the budget as they try to cobble together the 50 votes needed to pass it. There are 52 Democrats in the Assembly and one of them, Rep. Bob Ziegelbauer, D-Manitowoc, has said he’s unlikely to vote for the budget.
Even if the full Assembly approves removing the item from the budget, the Senate would have to concur. Senate Majority Leader Russ Decker, D-Weston, won’t comment on changes made in the Assembly until Senate Democrats have a chance to review them, said his spokeswoman Carrie Lynch.
Decker appears to be strongly for keeping the change in the budget, Buchen said.
The Senate is expected to debate the budget next week. If it passes a version different from the Assembly, a special committee of lawmakers will have to meet to hammer out a deal before it’s sent to Doyle for his consideration.
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