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UTUSN

(70,730 posts)
Sat Sep 20, 2014, 02:15 PM Sep 2014

Any Rethug is a case study in selfish/greedy hypocrisy: Take Greg ABBOTT ( -- PLEASE!1)

So, ABBOTT was FOR suing for millions over “nonmedical injuries” (pain, suffering, mental anguish) before he was AGAINST it (cracking down on “lawsuit abuse” and large settlements like what HE got: “Tort reform”) for everybody ELSE after he got HIS.

That is essentially the difference between the parties: As Sen. Tom HARKIN said at his retirement party last week, the Democratic way is to climb the ladder AND leave the ladder in place for others, NOT the Rethug way of pulling the ladder UP after them. This covers a variety of issues, such as immigration.

*********QUOTE*****

http://www.texastribune.org/2013/08/04/candidate-faces-questions-turnabout-and-fair-play/

[font size=5]Abbott Faces Questions On Turnabout and Fair Play[/font]
by Jay Root Aug. 4, 2013

When Greg Abbott’s spine was crushed by a falling oak tree in [FONT style="BACKGROUND-COLOR: yellow"]1984[/FONT] he had no health insurance, no paycheck and no feeling in his legs. .... ...[FONT style="BACKGROUND-COLOR: yellow"]he sued[/FONT].

The parties reached a settlement in 1986, the details of which Abbott discussed for the first time last week. The proceeds were paid by the defendants' insurance companies. Under the agreement, Abbott receives periodic lump sum payments plus monthly income. By the end of this year, he will have received about [FONT style="BACKGROUND-COLOR: yellow"]$5.8 million and is entitled to monthly income[/FONT] from the settlement until he dies. ....

Not long after Abbott’s accident, sentiment against trial lawyers and large jury verdicts swept through Texas politics, which helped propel Republicans into dominance and laid the groundwork for new lawsuit restrictions.

In [FONT style="BACKGROUND-COLOR: yellow"]1995, the Legislature capped punitive damages[/FONT] stemming from noneconomic losses at $750,000. Lawmakers also [FONT style="BACKGROUND-COLOR: yellow"]erected hurdles[/FONT] for plaintiffs who try to collect from multiple defendants.

Meanwhile, the conservative [FONT style="BACKGROUND-COLOR: yellow"]Texas Supreme Court, on which Abbott served from 1996 to 2001, began adopting tighter standards for losses[/FONT] that involved pain and suffering and mental anguish.

Then in [FONT style="BACKGROUND-COLOR: yellow"]2003, the Legislature capped noneconomic damages[/FONT] in medical malpractice cases at $250,000, a move that Abbott supported. That means when the medical equivalent of a freak tree accident happens in an emergency room today, people who sue the doctors face a limit on the amount of noneconomic damages they can receive. That limit is frozen in statute at $250,000 and does not have any built-in increases for the rising cost of living. Nuances in the law can lead to higher awards in wrongful death cases or when more than one health care institution is involved.

“Today that would be an extraordinarily high recovery,” Silver said. “[FONT style="BACKGROUND-COLOR: yellow"]It would be harder to get that type of award today[/FONT].”

*******UNQUOTE****

6 replies = new reply since forum marked as read
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Any Rethug is a case study in selfish/greedy hypocrisy: Take Greg ABBOTT ( -- PLEASE!1) (Original Post) UTUSN Sep 2014 OP
Kickin' Faux pas Sep 2014 #1
Republicans worship selfishness. It's a tenant of libertarianism. grahamhgreen Sep 2014 #2
It's almost funny they think they fool anybody. Yesterday a radio wingnut was saying UTUSN Sep 2014 #3
But the caps on exemplary and noneconomic damages saved insurance consumers billions of dollars. TexasTowelie Sep 2014 #4
It gets worse! I know of a 1.2 million dollar verdict taken against a life insurance company who Dustlawyer Sep 2014 #5
........ daleanime Sep 2014 #6

UTUSN

(70,730 posts)
3. It's almost funny they think they fool anybody. Yesterday a radio wingnut was saying
Sat Sep 20, 2014, 02:46 PM
Sep 2014

ahead of the Wendy DAVIS- ABBOTT debate that ABBOTT's being in a wheelchair might get people to relate him to FDR!1

No matter that FDR and ABBOTT are at opposite extremes of political humanitarianism, just equal in wheelchairs. He was gushing that he would be "the first 'HANDICAPPED' governor of Texas."

TexasTowelie

(112,406 posts)
4. But the caps on exemplary and noneconomic damages saved insurance consumers billions of dollars.
Sat Sep 20, 2014, 03:29 PM
Sep 2014

I know because I was the statistician that provided reams of data to the actuaries so they could project those savings.

In essence what happens is that the burden of caring for people that are injured is shifted from a party that is either negligent or responsible for those injuries over to the taxpayers that must provide social services to those people. But what happened in Texas is that the social service funding was not increased and those unfortunate enough to fall in harms way are left out in the cold. All of that happened while George Bush talked about compassionate conservatism. Compassionate my ass!

Whenever you read about a large multimillion dollar court verdict being awarded think twice because most likely the plaintiffs will only receive a fraction of that award due to those caps.

Dustlawyer

(10,497 posts)
5. It gets worse! I know of a 1.2 million dollar verdict taken against a life insurance company who
Sat Sep 20, 2014, 05:04 PM
Sep 2014

refused to pay the $500,000 policy, waited 2 years past their deadline to properly contest the policy that they got over the phone from a lady that they called that barely spoke English. The defense attorney was one of the biggest Republican fundraisers for the all Republican Texas Supreme Court. After the verdict the parties usually sit down and settle for less than the verdict. The final offer after 8 years of fighting, $15,000 as her husband now was terminally ill and raising his grand kids due to his daughter's tragic death in an auto accident. The defense attorney must have known the fix was in because despite the fact that the law governing the case was over 150 years old, the Supreme Court reversed the case over a made up technicality!
I had followed this case closely and it has been clear now for years, if you get a big verdict for an individual, the Texas Supreme Court will not let you have it. Defense attorneys and insurance companies know this and so they are reluctant to offer very much money. The Texas Supremes rule against Plaintiffs 93% of the time.
There is no justice in Texas!!!

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