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Gov. Brian Kemp yields to legal overhaul changes ahead of Georgia House showdown

Greg Bluestein, The Atlanta Journal-Constitution on

Published in News & Features

ATLANTA — Facing intense pushback from fellow Republicans, Gov. Brian Kemp agreed to concessions to his plan to limit certain lawsuits and bring down jury awards as his top legislative priority neared a pivotal House showdown.

The governor’s allies unveiled the changes Tuesday in a special committee designed to handle the thorny measure, but it wasn’t immediately clear if they were enough to win passage ahead of an expected Thursday vote on the House floor.

One change would broaden exceptions for victims of sex trafficking to file civil lawsuits against businesses accused of turning a blind eye to the crimes. Another could exempt some sex crime victims and plaintiffs in low-dollar cases from a provision to split trials into two phases.

Those revisions, and other changes driven by critics, were approved by the committee after substantial opposition from House Republicans who worried the earlier version would have made it harder for sex crime victims to bring civil lawsuits in Georgia and that requiring them to testify multiple times in a split trial would be traumatic.

Kemp has waged a yearslong effort to rewrite Georgia’s litigation rules to deter large jury verdicts and curb lawsuits that he and other GOP supporters of “tort reform” say have strained Georgia’s economy.

Opponents, including Democrats and trial lawyers, see the rewrite as an affront to the civil justice system and are deeply skeptical of promises that its passage will stabilize rising insurance premiums or bring down the price of household goods.

Kemp has vowed to call a special session if lawmakers fail to pass “meaningful” changes to Georgia’s litigation rules — a threat he recently reinforced. And the second-term governor promised to back primary challenges against fellow Republicans who opposed the bill.

Those threats and promises helped secure its passage in the Senate last month. So did a compromise that Kemp and Senate negotiators struck to scale back an early proposal that would have restricted what sort of medical costs plaintiffs could have shown jurors.

But House Republicans have pressed for deeper changes after sex crime survivors and their advocates testified in emotional hearings that the bill would make it more difficult to challenge businesses accused of being complicit in their abuse in Georgia courts.

“With the bill as currently written, there will never be another survivor who files a case in Georgia courts,” said Jon Tonge, an attorney who specializes in filing civil litigation against businesses that profit from sex trafficking. “It would be malpractice.”

As the debate intensified, victims of sex crimes delivered wrenching testimony at legislative hearings and held headline-grabbing news conferences calling for changes.

At one event at the Capitol, Michal Roseberry, a human trafficking survivor, said Kemp’s initial proposal would “take away one of the only forms of justice survivors have left: The ability to hold these businesses that enabled our abuse accountable.”

The pushback divided Kemp’s allies in the Legislature. Some wanted to push Kemp’s proposal through the House unchanged, while others worried the backlash could jeopardize years of work to pass the overhaul if left unchecked.

But an internal tally that showed significant pushback among the House’s 100 Republicans forced their hand. With most of the chamber’s 80 Democrats expected to oppose the bill, supporters can only afford a few GOP defections or absences.

 

Senate President Pro Tem John Kennedy, the proposal’s sponsor, pushed back at criticism that early versions left sex crime victims more vulnerable. But he told lawmakers Tuesday he agreed to changes to “clarify” the measure, while urging them to remember the hundreds who packed the Capitol when Kemp unveiled his proposal.

“They weren’t here for politics. They weren’t here for greed,” said Kennedy. “They were just here for relief.”

Under the new version, sex trafficking victims would be exempted from many of the proposed limits on litigation. Judges would also have discretion to reject demands to split trials in civil cases involving sex crimes and those seeking damages under $150,000.

Meanwhile, powerful supporters of the overhaul have intensified their efforts. Kemp’s political network and well-financed allies have spent millions on ad campaigns, and influential executives ratcheted up the pressure with showy media events.

Charles Tarbutton said the Sandersville-based trucking firm he runs is besieged by litigation that drives up the cost of doing business.

“I’ve heard many times over the last several weeks, ‘this is really about big corporations versus the little guy,’” Tarbutton said. “I urge the members of the House to reject that fallacy. I speak on behalf of those 75,000 truck drivers in Georgia. We are the little guys.”

What’s in the proposal?

Premises liability: Limits when businesses can be sued for injuries that occur on their property. The initial version included a carveout for some victims of sex crimes, but the House proposal broadens that exception.

Third-party litigation: Blocks foreign adversaries from funding lawsuits in Georgia and requires more disclosure and new limits on other outside groups bankrolling civil cases.

Damages: Allows plaintiffs to show jurors actual medical costs as well as initial bills, which sometimes have inflated costs.

Bifurcated trials: Allows cases to be split into two stages — first deciding fault, then determining damages — rather than considering everything at once. Judges would have discretion in the House version to reject splitting trials in cases with damages below $150,000 and those involving sex crime victims who “would be likely to suffer serious psychological or emotional distress” from testifying a second time.

Seat belt laws: Allows juries to consider whether a plaintiff was wearing a seat belt in injury lawsuits, potentially lowering damages for those who failed to buckle up. The House version gives judges more discretion to determine how seatbelt evidence can be used.

Attorneys fees: Bans attorneys from recovering their legal fees twice in certain cases.


©2025 The Atlanta Journal-Constitution. Visit at ajc.com. Distributed by Tribune Content Agency, LLC.

 

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