February 23, 1988 EXTENSIONS OF REMARKS 2415 EXTENSIONS OF REMARKS INSURANCE CRISIS sports. It's part of the lawsuit crisis. Our BIGBY. Well when I tried to open the door, cities are in a bind. Money needed for fire it would not open. fighters, police, and other services is being BRADLEY. According to the sworn testimo­ HON. AL SWIFT used to pay the price of the lawsuit crisis. ny of an eyewitness that is exactly what OF WASHINGTON New York City says lawsuits may soon cost happened. IN THE HOUSE OF REPRESENTATIVES as much as the Fire Department. BIGBY. He said that "the last thing he saw BRADLEY. Well, what about it? For open­ Tuesday, February 23, 1988 Mr. Bigby doing was pulling at the door, ers, leading experts on manpower shortages struggling to get out." That was just before Mr. SWIFT. Mr. Speaker, I would like to in medicine tell us lawsuits are causing no the car impact, and hit the phone booth. share with my colleagues a transcript from a shortages of obstetrical services now, nor BRADLEY. You're aware of what President recent "60 Minutes" program that took a criti­ will they in the foreseeable future. About Reagan has said about ... about your case? cal look into some of the anecdotal evidence high school sports, for the last seven years BIGBY. They're saying that my case is out­ we've found just six successful lawsuits used by the insurance industry to make their rageous. But he doesn't tell them that the against schools sports programs. In other phone booth had been struck previously. He case for Federal preemption of State tort words, less than once a year one school doesn't tell them I was stuck in the phone laws. I have no doubt that there are cases­ sports program, one out of 20,000 through­ booth. He doesn't tell them I had to stand perhaps numerous cases-of juries and the out America, pays out on a lawsuit. And there and just get run over, like an animal. court system overcompensating accident vic­ what about those threatened city services? He don't say all that. tims, or hitting manufacturers with unfair ver­ A New York City official did once say that BRADLEY. The Bigby case never reached a dicts. And if you ask the trial lawyers they will lawsuits may soon cost as much as the city's jury. Rather than face a jury trial, the tele­ Fire Department. But he doesn't say it any­ phone company agreed to pay Bigby a sub­ be just as happy to serve up equally anecdot­ more. It was his office admitted, an over­ al evidence to help make their case. stantial sum of money. statement. Last year, for every dollar the In Oregon, there's the case of the Ford But that gets to what I feel is a central prob­ city spent to settle legal claims, it spent Pinto that hit a horse which had bolted lem in this whole product liability debate. We more than four dollars for fire proteci:;ion. through a farmer's fence. Steven Green and in Congress are being asked to make some This magazine ad is also part of the insur­ his wife were in the car. very tough choices on Federal preemptions of ance industry campaign. It says "Clergymen Mr. GREEN. I opened the driver's door, and State law without the information we need if are being sued because of their advise." I noticed my wife. I called out, "Carrie, are Well, it's hardly a crisis. It's happened we are to track whether or not we made the you okay?" And I noticed the whole roof twice, and not one penny has been paid be­ structure on the . the side of me was right decisions. I find it disturbing that we have cause a pastor gave a parishioner a bum so little hard data available to us when we are down. I couldn't even see her head. steer. But what about the stories of plain­ BRADLEY. Green tried to pull his wife out expected to craft a Federal products liability tiffs who have gotten huge awards? Charles from under the crushed roof. bill that will have such serious implications for Bigby was in a phone booth hit by an alleg­ Mr. GREEN. And that's when I noticed all the courts, manufacturers, and our constitu­ edly drunk driver. the face injury she had to her head and ents. All of the time you saw that car corning skull. toward you? BRADLEY. So the roof had just come in on At the upcoming Energy and Commerce BIGBY. I saw it coming toward me, yes sir. Committee markup, I expect to introduce an top of her. The angle that she hit the phone booth Mr. GREEN. Collapsed. amendment that will authorize the Department forced the glass inward, and it just chewed of Commerce to collect and analyze data that my leg off right there at the spot. BRADLEY. Her skull was caught. BRADLEY. Glass cut your leg off. Mr. GREEN. Her skull was wide open sir. is already publicly available on product liability BRADLEY. Green sued Ford claiming a insurance. It's important to be able to monitor BIGBY. Cut it right off. BRADLEY. Bigby sued the driver and the stronger roof would have saved his wife's how well we have succeeded in legislating life. His lawyer has a testing lab do this sim­ product liability reforms if we are to help phone company. When the California Su­ preme Court said he was entitled to a jury ulation of the horse, Pinto collision. Based ensure that our constituents don't go through trial, President Reagan had one of his favor­ on it, two former Ford engineers testified another liability insurance crisis after our as­ ite lawsuit stories. "the roof was unreasonably dangerous." A surances that we fixed the problem. President REAGAN. That's right. According former employee also testified "Ford had a The following transcript is very relevant to to Chief Justice Rosebird of the California practice of concealing unfavorable test re­ Supreme Court, a jury could find that the sults by repeating tests until one car finally the debate: passed." The jury decided to award Green INSURANCE CRISIS? companies responsible for the design, loca­ tion, installation, and maintenance of the one and a half million dollars. That seems BRADLEY. The insurance industry says telephone booth were liable. I suppose all ridiculous to Assistant Attorney General we're in the midst of a giant lawsuit crisis this might be amusing if such absurd results Richard Willard who often cites the Green ... and on the face of it, they have a pretty only took place occasionally. Yet today, case in the Reagan Administration's effort good case. We've all heard of crazy lawsuits they have become all but commonplace. to limit jury awards. and outrageous jury awards. For instance, BRADLEY. Cruz Renoso is a former Califor­ WILLARD. It seems to me, it's a matter of about the man in Oregon who won a million nia Supreme Court Justice, one of the six common sense, unlikely that you could ever and a half dollars from Ford after the Pinto justices, six out of seven who said Bigby was design a car that would be so strong that he was driving collided with . a horse! entitled to jury trial. you could get involved in a head on highway And the psychic in Philadelphia who won a Justice RENoso. What the President has crash with a horse, and not run a serious million dollar jury verdict after claiming a done is to take a case and dramatize it by risk of injury. cat scan robbed her of her psychic powers. leaving out a great many of the facts that BRADLEY. Even Forbes Magazine chimed The insurance industry thinks that's ridic­ are involved, and therefore putting it in a in. "How do you horse proof the roof of a ulous and wants states to put limits on jury context that appears to be silly. Important compact car?" But Judge Williams Riggs awards. Recently, they made a series of in this matter, not mentioned by the Presi­ who heard the Green case said there was commercials that say the lawsuit crisis is dent, was that there had been a previous ac­ nothing ridiculous about the jury's verdict. even worse than you might imagine. cident at precisely the same side with pre­ Judge RIGGS. Out here in the west horse MAN <excerpt of commercial>: One out of cisely the same . the same booth. and automobile collisions are not terribly nine obstetricians surveyed have stopped de­ BRADLEY. The possibility the booth may unusual. They might be in mid Manhattan. livering babies. Some mothers have had to have been placed at an unsafe location But in Oregon, there's really a surprising find new doctors. Others have had to travel wasn't the only thing the President failed to number of livestock/automobile collisions. elsewhere to give birth. It's part of the law­ mention. BRADLEY. Why do you think they would suit crisis. Today's schools are thinking What happened when you tried to open have chosen this case as an example that about cancelling football and other major the door? the jury system had gone haywire? e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.