If you can remember back to high school civics, we learned about the three separate branches of Government, Executive, Legislative and Judicial. Now with the power of big business and the ability of big business to control politicians and the legislature, the legislature has severely invaded the Judicial Branch of Government.

House Bill 775 is a prime example of this. The law in Florida for over eighty years was that the owner of a vehicle was responsible for that vehicle and the negligence of any permissive user would be attributable to the owner since it is well known that a car is a dangerous instrumentality.

This liability included that of rental car companies. Rental car companies have always insured for this liability and in states where this law has been applicable there is no greater cost of renting a car.

As of October 1, 1999, the rental car companies have cloaked themselves with immunity through legislation and now have limited liability in the amount of $500,000 for economic damages.

This means that when someone is catastrophically injured and may expect future medical expenses well beyond $500,000, there will be no possibility of collecting this from the rental car com

panies. But, in all likelihood the innocent victim will now have to be dependent on the state and federal government to pay for their future medical expenses. Tax payers will now bear this burden.

I recently litigated a case against a rental car company where the future medical expenses were substantially over a million dollars, a verdict was entered substantially over one million dollars and the rental car company was held accountable for the negligence of the person renting their car.

The rental car company, of course, was insured for this loss and will be held accountable for the damages. If the new law were in effect, the innocent person I represented would be on the public's payroll for as long as he lives.

The new law which strips people of their basic constitutional rights in favor of big business, including rental car companies, is currently being challenged in the Supreme Court of Florida.

There are many other instances of tort reform taking away people's basic rights all for the benefit of big business.

Hopefully this article and others like it will inform the public as to the change in laws which invade the Judicial Branch of Government.

If you are interested in this and any other current legislation or have any further questions, feel free to contact Brett Panter at Panter & Panter.

Brett Panter is a partner in the firm of Panter & Panter, P.A., located at 6950 North Kendall Drive. For information, please call (305) 662-6178.