McHugh, a lawyer with the Philadelphia trial and appellate firm of Raynes McCarty, said the anecdote showed in the simplest of terms why the Pennsylvania Senate should vote down a proposal that would end the long-standing practice of requiring some defendants to pay full civil-damages awards, even though they might have minimal responsibility.
McHugh has become a leading spokesman for Pennsylvania trial lawyers, who believe the changes would serve businesses, physicians, hospitals, and other institutions at the expense of aggrieved customers.
This so-called doctrine of "joint-and-several liability" traditionally has undergirded civil litigation in state courts throughout the country. It has been defended by trial lawyers and other proponents who say it improves the odds for accident victims to gain fair compensation.
If one defendant does not have enough money or is judgment proof, it stands to reason that an accident victim should seek compensation from another defendant, even though that defendant may have only minimal responsibility, trial lawyers contend.
McHugh's personal story of the childhood rock-throwing incident sounds folksy, but it rings hollow to businesses, physicians, and many health-care institutions that say the current legal doctrine is a green light for trial lawyers and plaintiffs to seek out the deepest pockets.
The businesses have been pushing legislation, passed by the state House of Representatives on April 11, that would end the practice for any defendant found to have less than 60 percent responsibility. The bill, which has been praised by Gov. Corbett, a Republican, now is in the Senate, which is expected to deal with the issue before lawmakers leave for summer recess.
