[Congressional Record Volume 141, Number 44 (Thursday, March 9, 1995)]
[House]
[Page H2976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                            PUNITIVE DAMAGES

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Tennessee [Mr. Bryant] is recognized for 5 minutes.
  Mr. BRYANT of Tennessee. Mr. Speaker, punitive damages have clearly 
gotten out of hand. Tonight, I want to share with you a case involving 
punitive damages in my home State of Tennessee.
  Sadly, it involved the death of an individual from Alabama by carbon 
monoxide poisoning.
  The plaintiff claimed that the carbon monoxide poisoning was caused 
by a natural gas water heater made in Tennessee. It was a used heater 
obtained by a homeowner and installed by someone with no plumbing 
background. It was installed behind a wall without combustion air, with 
no vent, and was connected to an LP gas line. The local gas company 
wasn't notified, and that was a violation of local law.
  In short, the heater was altered from its original manufactured 
condition and was installed improperly and illegally. Nevertheless, a 
jury verdict was rendered against State industries. The jury awarded 
$5.5 million in compensatory damages and $6.5 in punitive damages. In 
fact, one of the jurors wanted to give $25 million.
  On appeal, the Alabama Supreme Court reduced the compensatory damages 
to $850,000, but the punitive damages stood.
  Now I am not criticizing in any way, shape, or form the person who 
installed the heater. In his mind's eye, he was lending a helping hand. 
And I am truly sorry for the death of anyone. But what I am criticizing 
is the award the jury made.
  Punitive damages are intended to punish--not to redistribute wealth. 
Compensatory damages are designed to compensate for medical costs, lost 
wages, pain and suffering, and emotional distress. Punitive damages are 
intended to punish--to send a message that whatever was done wrong, 
don't do it again.
  Had the legislation before us tonight been in place, the plaintiff 
still could have received almost $3.5 million. That's a substantial 
amount of money which would have served to both compensate the 
plaintiff for their suffering and punish the defendant for whatever 
wrong they may have done.
  This legislation will not impede upon anyone's right to sue, despite 
the many fallacious and misleading charges by its opponents.
  I would support no legislation that would close the courthouse doors 
to anyone. Access to the courts is a fundamental right that must be 
acknowledged. But as a lawyer, I can tell you we must have tort reform, 
and we must have it now.
  It's time we establish common sense and reason in our judicial 
system, and this legislation does just that. Many States have already 
placed caps on punitive damage awards.
  It's time the Federal Government followed their lead, and passed tort 
reform legislation.


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