JOURNAL PUBLISHING

NEMS Daily Journal
Chickasaw Journal
Itawamba Cty Times
Monitor-Herald
Monroe360.com
New Albany News-Exchange
Pontotoc Progress
Journal Enterprises

About Us
Advertise
Subscribe

  DJOURNAL.COM 

Home
News
Sports
Lifestyle
Opinion
Classifieds
Features
Community
Members

Photo Galleries

Blog Center
Business
Education
Obituaries
Weather

Business Journal
Real Estate Guide
Special Sections

Wedding Form Engagement Form

Make Us Your Homepage

 

 CONTACT


  DJOURNAL.COM SEARCH

Search For Past Articles
 

 SPECIAL SECTIONS 

local news
7/21/02
Section B, Page 4


LLOYD GRAY

State's past looms over tort reform debate


Today the Daily Journal begins "Money & Justice," a four-day series of stories examining the controversy surrounding Mississippi's civil justice system.

Capitol Bureau Chief Bobby Harrison and Business Editor Gary Perilloux spent the better part of two months conducting interviews and gathering data for the series, which addresses the hottest political topic in the state at the moment.

This is an issue which, as today's front page headline suggests, is sharply polarized. The rhetoric is intense on both sides. Often the facts are hard to ascertain.

Our purpose with this series of articles is to move beyond the daily episodic coverage of the "tort reform" debate to a comprehensive examination of the issues involved in that debate. It's an effort to help all of us understand what this seemingly arcane argument with its insider legal lingo is all about, that it's more than the popular perception of an intramural battle among rich doctors, rich trial lawyers and rich out-of-state corporations.

We also wanted to explore the possibility of middle ground, which is where all standoffs between competing political constituencies have to be resolved. We found little acknowledgment on either side that there is room for compromise, but we still believe a legislative solution can be reached if state leaders put their minds to it.

Mississippi's past forever impinges on the present. The issues in the current debate about huge jury awards, anti-business sentiment and the availability of health care are all either tied to or aggravated by defining elements of our state's history.

Mississippi historically has been a poor, underdeveloped state. The combination of a strong populist prejudice against big business and the "Yankee dollar," along with the powerful planter class in some parts of the state, kept economic development and diversification to a minimum until the mid-to-late 20th century. The result was that the state's endemic poverty became even more entrenched. Mississippi is still trying to make up for the gaps created by the lost time of decades ago.

It's still trying to close the education gap as well. Only in the last quarter century or so has Mississippi truly gotten serious about educating all its citizens. Our still-undereducated, underskilled populace presents a challenge in convincing industry to locate or expand in this state.

Swayed by emotion instead of facts

Similarly, the less educated a jury pool, the more likely it is to be swayed by emotional argument instead of facts and to render verdicts out of proportion with those facts. If those jurors have been the victims, real or perceived, of racial prejudice or economic mistreatment, they will be all the more likely to side, disproportionately, with those claiming victimhood. It's no accident that the biggest verdicts and the most sought-after venues by plaintiffs' lawyers are in poor, predominantly black counties.

As for health care, Mississippi has historically been medically underserved and remains so today, even in the best-equipped areas like Northeast Mississippi where the physician-population ratio is still well below the national norm. And this state is the least healthy in the nation in most key measurements.

These historical hurdles mean Mississippi operates at a disadvantage to begin with in improving economic opportunity and health care, which only aggravates the impact of imbalances in the civil justice system.

Though reflexive populism is still a strong political strain in Mississippi, there is evidence that the political climate is changing, that ordinary people - and therefore elected officials - are becoming concerned about the prospect of lost jobs and declining access to health care. A special joint legislative committee is exploring possible solutions, and Gov. Ronnie Musgrove is bending a little in his resistance to significant changes to balance the system.

The legislative outlook will be explored in the final day of the Daily Journal series, and at this point the outcome is unpredictable. But one thing is certain: This is an issue that should concern more than doctors, trial lawyers and large corporations. It ultimately affects us all, one way or another.

We hope, if nothing else, the articles over the next few days in the Daily Journal can drive that point home.

Lloyd Gray is editor of the Daily Journal. E-mail him at lloyd.gray@djournal.com






©2001-2008 Journal Publishing Company, Inc. All Rights Reserved.