Part Of Ark. Tort Reform Ruled Unconstitutional

JON GAMBRELL

LITTLE ROCK, Ark. (AP) — Two portions of Arkansas' tort reform law violate the state constitution by stripping away powers granted to the judiciary, the Arkansas Supreme Court ruled Thursday.

The ruling throws into question parts of the 2003 law aimed at placing caps on punitive damages in civil lawsuits. However, the state's highest court only considered the constitutionality of two questions posed by U.S. District Court Judge J. Leon Holmes — whether fact finders should assess the liabilities of "nonparties" and what evidence can be presented in the cases.

The court answered "yes" and "yes" in an opinion written by Justice Paul E. Danielson. In regards to having fact finders assess damages, Danielson wrote that would directly conflict with rules set by the high court. The law considers "nonparties" individuals or companies potentially at fault in a civil lawsuit but not directly named in the action or otherwise legally immune, like charities or other organizations.

"The nonparty-fault provision bypasses our 'rules of pleading, practice and procedure' by setting up a procedure to determine the fault of a nonparty and mandating the consideration of that nonparty's fault in an effort to reduce a plaintiff's recovery," Danielson wrote.